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Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 555
Experience:  Attorney and Counselor at Law
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My 24 year old son was involved in a single car accident

Customer Question

My 24 year old son was involved in a single car accident yesterday morning, then taken in for DUI. BAC was 0.11. No injuries. I am researching possible outcomes.
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Oh yes. California, Los Angeles County
JA: Have you talked to a lawyer yet?
Customer: We briefly did, are supposed to call him on Tuesday to get an appt to get the DMV hearing for suspension issue set
JA: Regulations vary from place to place, so can you tell me what state this is in?
Customer: California
JA: Anything else you think the lawyer should know?
Customer: I don't think so, but this is all new to me. No one else was in the car with him.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Colleen Grady replied 1 year ago.

Hello. I will help you with your questions. I have been an attorney for 27 years and I was a district attorney for 9 years. I am sorry you are going through this. If you give me a short time, I am preparing a complete answer for you. Then you can ask followup questions.

Customer: replied 1 year ago.
Thank you.
Expert:  Colleen Grady replied 1 year ago.

The good news is that there was no injury to your son or another person. I am assuming this is your son’s first DUI offense and that he is charged with a misdemeanor under section 23152. This law reads as follows:

23152. (a) It is unlawful for a person who is under the influence

of any alcoholic beverage to drive a vehicle.

(b) It is unlawful for a person who has 0.08 percent or more, by

weight, of alcohol in his or her blood to drive a vehicle.

For purposes of this article and Section 34501.16, percent, by

weight, of alcohol in a person's blood is based upon grams of alcohol

per 100 milliliters of blood or grams of alcohol per 210 liters of

breath.

If convicted of this, your son faces jail time from 5 days to 1 year, a minimum fine of $390, probation for 3 years and driving school which he must successfully complete. DUI School can last from three to 30 months.

His license will also be automatically suspended for up to 1 year. He is entitled to an administrative review for of the suspension by the DMV. If the review upholds the suspension, he can request a hearing to contest the suspension. In most DUI case, however, the suspension will be upheld. He can go to a DMV field office to request a restricted license so that he can drive to and from work only.

Please let me know if you have questions. I will be happy to help more. If you are satisfied with my help, please rate me.