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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118175
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My 20year old got a dui blu a 0.11 she has her arainment tomarrow

Customer Question

My 20year old got a dui blu a 0.11 she has her arainment tomarrow heres the thing she got a letter didnot read it totaley she was to go get finger printed and didnot she has no record good kid all a in collage work also tackes a full load no excuise she is great ful no one was hert the letter sad they would asrest her for not getting her prints what should she do
Submitted: 4 years ago.
Category: Criminal Law
Expert:  AttyCBradford replied 4 years ago.

AttyCBradford :

Hello! I am a CA attorney who does handle DUIs. I am not sure why they would tell her that she needs to go get fingerprinted before the arraignment that is not standard procedure and they should have taken her fingerprints when they arrested her.

AttyCBradford :

In sum, her BAC is semi low. Depending on the county she may be eligible to get a wet reckless, otherwise she is looking at a standard first time DUI 3 years informal probation, a fine of about $1,900.00 3 month alcohol program, driver's license suspension for about 6 months (30 days no driving at all then she may get a work/school permit) and possibly an inginition interlock device

AttyCBradford :

As for what she should do: (1) appear at the arraignment and enter a plea of not guilty, set it for a Pre trial conference where she can either bring a lawyer or talk to the public defender. She should then go to the district attorney's office and find out what she was supposed to do and how to fix it

AttyCBradford :

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JACUSTOMER-jhr6dcyy- : The reason she did not get booked was because they took her to a I think they call it a safe house because she was young and didn't want to take her into jail and she just didn't read the part about asking to go down and get booked but I read it and cheat they said she was In jeopardy of getting arrested at her arraignment should she still go and see or should she call early in the morning and try to reschedule we are going to contact a lawyer please help
Expert:  Law Educator, Esq. replied 4 years ago.
Thank you for your response. I am a different contributor and as it seems the previous expert has gone offline because of the late hour and because you do have court today, please permit me to interject solely because of the pending arraignment today.

Yes, your daughter has to go to get an attorney today to represent her for the arraignment.

MORE IMPORTANTLY, your daughter only has 10 days from the arrest to file with DMV for an administrative license hearing, because if she misses the 10 days (which is on her notice form she received) then she would not be able to appeal the revocation of her license after that time and the documents the officer gave her is a temporary license good for 30 days.

Because she is under 21, I also happen to disagree with the previous expert I am afraid about the wet reckless and this being a "semi-low" reading, because under CA law anyone under 21 has a ZERO TOLERANCE for any amount of alcohol in their system. This means that the normal presumption of intoxication that can lead to a conviction in CA is .08g/% BAC, but this is for an adult and .11g/% would really be pushing it to call it "semi-low," BUT because she is under 21, the CA law says she is guilty of DUI if her blood alcohol was even .01g/% because of the zero tolerance law for drivers under 21.

Thus, her attorney might be able to, as the previous expert stated, negotiate a wet reckless for her, but if he does it would be based on having a liberal prosecutor and not having an organization like Mothers Against Drunk Driving or some other DUI activist group monitoring the court. Reduction of a .11g/% in a minor is extremely tough.

Getting back to her license, she MUST get the attorney to file her administrative appeal with DMV if she wants any hope after the first 30 days suspension of obtaining a school/work restricted license and if they do grant it, because she was 21 the reinstatement fee will be $100.

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