If Iwas arrested for an underage DUI, what needs to be done?

UPDATED: Sep 20, 2010

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If Iwas arrested for an underage DUI, what needs to be done?

I got pulled over a block away from my home; they took a breathalyzer test; then kept me in holding for over 10 hours (when they clearly stated that I would only be in there for 8). Now I have to contact the DMV, and I have no idea what I need to say/do (I was told I have to set an appointment?). I can’t afford to get a lawyer and I plan on fighting the case (if possible) or at least get a reduced fine/ get my title cleared on my own. My BAC tested high and my only defense for this so far is that I used my albuterol inhaler prior to them stopping me which led to incorrect results.

Asked on September 20, 2010 under Criminal Law, California


M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The short answer to your question is that you need to find the money to hire a criminal defense attorney.  In most states, getting a DUI while underage subjects the defendant to more severe penalties compared to defendants who are over 21.  Moreover, the legal limit is lower, which means the fact that  you blew a really high BAC will result in you being WAY over the legal limit, which will cause the prosecution to take your case more seriously.  A criminal defense attorney may be able to identify ways to defend this charge that you would either not know about, or not know how to present properly.  For example, there may be a suppression issue based on an illegal stop that would lead to dismissal of the charges; or, you may need to hire an expert to testify about the effects of an inhaler on a breathalyzer.  In any event, however, it is clear to me that you need to hire an attorney prior to proceeding forward in any respect.

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