That is impossible to answer. There are hundreds of factors that go into deciding what the outcome of a DUI prosecution will be. You need to confer with an experienced dui defense law firm and have a complete review of the entire case done for your son.

Answer Applies to: California
Replied: 8/15/2011

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It depends entirely on the evidence. If his BAC is above .08 it will be very difficult even if his stop was marginally legal. You need to retain a top certified criminal law specialist to represent him.

Answer Applies to: California
Replied: 8/12/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

You probably need an attorney. Generally, the prosecution doesn't simply drop charges. You said that on "one of the tests" he wasn't over the limit. Does that mean he was over the limit on a different test? There is also a provision under Vehicle Code 23152(a) that does not have a specific blood alcohol amount but rather focuses on the level of impairment.

Answer Applies to: California
Replied: 8/11/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Seldom. Can the case end up being reduced or dropped? Sure. Is that likely, just because you want it? No. The police and DA don't spend time and money arresting, charging and prosecuting cases only to drop them without a fight. And, they dont need a blood test to convict, although it helps. The basic DUI is charged with ANY level of alcohol or drugs, and a second charge is filed if the amount is over the legal limit. Youll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing. The prosecutor can amend at any time he feels he can prove additional or different charges. Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. There is no magic wand to wave and make it all disappear. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be. Keep in mind a little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony.

Answer Applies to: California
Replied: 8/11/2011

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It is unlikely that the charges will be dropped. With the right facts it could be reduced to a dry reckless.

Answer Applies to: California
Replied: 8/11/2011

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It depends on the county but overall it is very difficult to get the charges reduced unless you hire an attorney or get the public defender to fight the case. The DA can prove a DUI even if you weren't a .08 as one of the counts only requires that you were under the influence (DUIs are charged with 2 counts, one of being a .08 or above and one of being under the influence at the time of driving). It is good that he got pulled over for speeding (as opposed to swerving - a sign of being under the influence) and it is also good that one of the tests results indicates that he was under a .08. If he fights the case he may be able to get it reduced to a wet reckless or some lesser charge.

Answer Applies to: California
Replied: 8/11/2011

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It sounds like a case that can be reduced or dismissed, but don't expect the D.A. to be warm and fuzzy. DUI s are one of their priorities and even good lawyers have to fight to get them reduced or dismissed. You should consult with a good attorney.

Answer Applies to: California
Replied: 8/11/2011

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Always difficult to say. Whether the case is dropped or prosecuted will depend on the facts of the actual case.

Answer Applies to: California
Replied: 8/11/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

An attorney should never tell you what your 'chances' are of getting a charge dropped. The fact that your son was below the legal limit is very good for his defense. Your son should consider hiring an attorney especially because he was so close to the legal limit. Also, driving barely over the speed limit is a good fact in his defense.

Answer Applies to: California
Replied: 8/11/2011

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DUI charges are rarely dismissed outright. However, it is sometimes possible have the charges reduced. Sometimes, it is also possible to have certain evidence suppressed depending on the arrest, the breath/blood test administrative, and overall handling. He needs to speak with an attorney and, if he wants any chance at keeping his license, he will need to hire an attorney as well - at least for the DMV hearing as a Public Defender cannot help with the DMV hearing. Don't forget, he only has 10 days to request a DMV Hearing before his license automatically is suspended by the DMV. Feel free to contact me to discuss this further.

Answer Applies to: California
Replied: 8/11/2011

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The chances of dropping the charges of a DUI vary. First, it depends on what County or City is prosecuting the case. Second, it depends on the facts of the case; such as, BAC level and other information contained in the police report. Lastly, it depends on what other alternative sentencing is available in the local jurisdiction.

Answer Applies to: California
Replied: 8/11/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.