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If I have been arrested in California for a DUI .08% BAC,

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first offence, clean driving record...
If I have been arrested in California for a DUI .08% BAC, first offence, clean driving record, federal worker, sole supporter. What would be the best plea deal so I won't be charged w/a DUI. This would be threatening to my professional license. Could someone give me options of what I can plea down to?
Submitted: 3 months ago.Category: Criminal Law
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Answered in 7 minutes by:
3/27/2018
Criminal Lawyer: legalgems, Lawyer replied 3 months ago
legalgems
legalgems, Lawyer
Category: Criminal Law
Satisfied Customers: 13,603
Experience: Just Answer consultant at Self employed
Verified
I am sorry to hear this. Unfortunately deferred judgment, the goal of which is ultimately a dismissal, is not available for a DUI.A common plea bargain, when offered, is a wet reckless but that still indicates the presence of alcohol.So generally the best strategy is to hire an attorney to review the evidence to see if any of it can be challenged. A common technique is challenging the BAC reading by addressing officer training and proper maintenance of the technology.The attorney can also assist with license suspension issues. Please seehttps://www.dmv.ca.gov/portal/dmv/detail/dl/driversafety/dsalcoholA wet reckless does count as a prior in the event of future incidents which is why the preferred stratus to get a dismissal based on evidentiary issues.
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Customer reply replied 3 months ago
The following affected & led to arrest~
Officer stated I did poor on FST. The environment where and when I had to do the FST's was not desirable. I was on the shoulder of the freeway, it was dark, windy , cold, and the ground had potholes and loose gravel. The office cautioned me more than once about the uneven surface. When the officer tried to demonstrate 1 legged stand he lost his balance & could not hold it. I have had 3 knee surgeries and could only hold this till 1000-5. I told him I had knee problems but he marked NO INJURIES on report.
I have a crossed left eye this affected the test where i was to follow the officers finger. I had blood shot eyes because i had just left the casino and had to take out my contact lenses because they were irritated from the smoke.
I have suffered from ulcers and acid reflux for over 20 years, I ate a spicy tamale 2 hours prior to traffic stop. I had one drink an hour prior. My stomach was very upset considering the circumstances so I had quite a bit of acid coming up the back of my throat. Does any of this help?
Criminal Lawyer: legalgems, Lawyer replied 3 months ago
all that is relevant and the attorney can introduce such evidence to help counter the state case. They must prove the elements beyond a reasonable doubt so any information to challenge their allegations is helpful. Expert testimony on the acid /bac reading would be helpful as well. Please seehttps://www.hg.org/article.asp?id=39551
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Criminal Lawyer: legalgems, Lawyer replied 3 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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