Criminal Law Questions? Ask a Criminal Lawyer.
Hello! I would be glad to assist you but first i need to know what state you are in
Driving with alcohol in your system varies from state to state, while generally the amount is .08 or higher, most states have a second provisions which prohibits individuals from driving with any trace amount of alcohol in their system
Okay in California if you are driving with a BAC under .08 you will be cited for California Vehicle Code Section 23512(a) which is driving under the influence
this charge is generally given when the BAC is under .08 or if the individual had drugs in their system.
If you are charged with this, when you appear at the hearing, you should hire an attorney who most likely be able to have this reduced to a wet reckless or a dry reckless,
Yes, but given the previous DUI they may want a wet reckless or perhaps they would charge it as a first without alleging a prior, this will all be up to the negotiation skills of your attorney
The officer most likely let you go bc it was a cite release and they did not feel you were too intoxicated to take care of yourself but that you could not drive
That will be up to DMV, did you attorney request a APS hearing? If not, you only have 10 days to request a DMV/APS hearing from the date that the officer suspends your license
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