Alcohol & Drugs: DUI, DWI I got a DUI in CA

[abcxabc1]

I got a DUI in CA. I was not driving but in my driver seat in middle of freeway with flat tire. Do I have a case for fighting? I have to get the police case to see what I blew for breathalyzer but I am sure it was high. My question is concerning if I have a case to fight if technically I was not driving the car, just in the driver seat of the car in middle of the freeway. I was drunk yes and don't remember what I told the cops. Also how would I get a restricted license after my 30 days temporary license is expired? I just want to know what steps to take. I don't have money for a lawyer unless I know I definitely have a chance to reduce my fine. Thanks in advance

 

[CdwJava]

I got a DUI in CA. I was not driving but in my driver seat in middle of freeway with flat tire.

How did your car get to the middle of the freeway with a flat tire? Did YOU drive it there? Did a mystery driver operate it until there was a flat and then bail out of the car and flee?

Do I have a case for fighting? I have to get the police case to see what I blew for breathalyzer but I am sure it was high. My question is concerning if I have a case to fight if technically I was not driving the car, just in the driver seat of the car in middle of the freeway.

That is one of the exceptions to observed driving that is otherwise required for a DUI offense in CA.

40300.5. In addition to the authority to make an arrest without a
warrant pursuant to paragraph (1) of subdivision (a) of Section 836
of the Penal Code, a peace officer may, without a warrant, arrest a
person when the officer has reasonable cause to believe that the
person had been driving while under the influence of an alcoholic
beverage or any drug, or under the combined influence of an alcoholic
beverage and any drug when any of the following exists:
(a) The person is involved in a traffic accident.
(b) The person is observed in or about a vehicle that is
obstructing a roadway.
(c) The person will not be apprehended unless immediately
arrested.
(d) The person may cause injury to himself or herself or damage
property unless immediately arrested.
(e) The person may destroy or conceal evidence of the crime unless
immediately arrested.

I was drunk yes and don't remember what I told the cops.

Clearly you should not have been driving!

Also how would I get a restricted license after my 30 days temporary license is expired?

If your license is suspended, you are free to apply to the DMV for a restricted license. Whether you will get one or not is questionable.

If the officer seized your license and provided you with the DS 367 (Admin Per Se form) then the officer has good cause to believe that your BAC will be at or above the per se level of .08. You also have ten days to schedule a hearing with the DMV to challenge the automatic suspension after 30 days.

I just want to know what steps to take. I don't have money for a lawyer unless I know I definitely have a chance to reduce my fine. Thanks in advance

If lack the income and/or assets to pay for a private attorney, the court can assign you appointed legal counsel.

 

[mightymoose]

Agree. It seems obvious you HAD BEEN driving. This sort of DUI arrest is not at all uncommon.

 

[army judge]

Heck, I've seen people arrested who were found asleep behind the wheel of a parked car.
A couple were dozing at traffic lights, or stop signs.
Some were sleeping it off, motor running in parking lots, others on the street, arrested for driving under the influence.
You need a lawyer, ABC.


Old demon rum can grab ahold of you, and he and John Barleycorn will destroy you.
Better get yourself into AA and other counseling.

 

[Betty3]

You don't have to be actually driving at the time to get a DUI. That excuse will not fly. You definitely need a lawyer.