I have a DMV (California driving admin) HEARING tomorrow regarding DUI... need help!?

Question

I am under 21, and and have an Admin-per-se hearing tomorrow morning about my license.

In July, I got in an accident and had a BAC of .017 on the officers portable breathalizer.

According to DMV policy, this technically means a mandatory 1-year suspension.

At the hearing, you can only try to prove that the test was falsly taken.. but NOT any kind of "emotional appeal".

I have heard 2 things:

1. I would need to get the machines "mainteince records".

This seems like a LONG SHOT.

2. OR, I heard from a paralegal that the office must observe you for 15 minutes prior to taking the test.

Is this true??

If there is ANYTHING that could get me out of this supsnesion it would be amazing...

Please do not reply and say "Get an attorney".

Too expensive, and too late.

Thanks!!

Answer 1

Probably not.

With or without an attorney it's going to cost you a fortune and will mess with your insurance for the next 10 yrs in CA.

You will find out the consequences of drinking and driving.  They do not mess around anymore these days and will stick it to you good.

Answer 2

You are kidding, right?  You were in an accident, and nowhere do you claim you weren't drinking.  In Roumania, they used to have only one punishment for drunk drivers, the firing squad.  They didn't have repeat offenders, we have far, far too many.

You were not given a random test at a roadside check stop, you were given the test as a result of being drunk at your accident scene.  The rules are slightly different.  The judge will be happy to explain it to you.

I have seen people killed by drunks.  Drinking and driving is despicable behaviour, and trying to find a technicality to try to wiggle out of it is equally as evil.

You were measured more than twice the limit, thank your lucky stars you are not in jail, severely injured, or dead.