Is being arrested for a hang over a DUI?

My friend was arrested earlier this week and they charged him with a DUI. He was driving home in the morning from a hotel where he stayed the night before so that he would not have to drink and drive. Can they really charge him with a DUI for that even though he was careful?

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Answered By: Hale Law Group

If he was over the legal limit, short answer, yes.

Answer Applies to: California
Replied: 9/10/2010

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.

Answered By: Law Offices of James C. Bechler, A.P.C.

DUI stands for "Driving while Under the Influence (of alcohol or drugs). It doesn't matter how you got there, if your Blood Alcohol Content (BAC) is over .08, you are per se (illegal by statute) drunk. If your BAC was less than .08, you still can be charged if your driving was reckless due to alcohol. You should get a lawyer on this type of case.

Answer Applies to: California
Replied: 9/6/2010

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.

Answered By: Law Office of Eric Sterkenburg

If the police had a reason to stop him and he still had a high blood alcohol level he can still be charged with a DUI. This could happen because he drove before he was over his drunk. Have him contact me so we can go over his facts and provide him with options.

Answer Applies to: California
Replied: 9/4/2010

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.

Answered By: The Law Office of Denis White

Yes. If he was impaired or his blood alcohol level was .08 or higher he can be charged with a DUI.

Answer Applies to: California
Replied: 9/3/2010

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.

Answered By: Nelson & Lawless

Can they? Well, they did. Your friend faces potential jail time, fines and other penalties if convicted. His attorney will use whatever facts, evidence, testimony, etc, may be available in appropriate motions, plea bargaining or at trial as appropriate. If he is serious about hiring counsel to defend him, have him contact me.

Keep in mind: When you are arrested for DUI, upon release from jail or booking, you will be given documents that include a notice from DMV that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic one-year suspension of your license. Contact DMV and do so, timely. You can hire an attorney for that hearing if you want.

Answer Applies to: California
Replied: 9/3/2010

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.