Charged with DUI in Ca

I was arrested for a DUI recently and the results of the breathilizer test
was .05 and when they tested my blood the BAC was .07, within the legal
limit. Also, on the night I was tested I hit a fire hydrant and they tested
THC in my bloodalthough I was not smoking marijuana while I was driving. My
trial is scheduled in the near future, could you give me an idea how this
will likely turn out? Also, would it make any difference if I hired a lawyer
instead of relying on the public defender? Any advice would be appreciated.

Asked on June 30, 2016 under Criminal Law, California


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You need to get a copy of your offense report and take it to another attorney for a second opinion. 
Based on what you have described, you shouldn't be found guilty of DUI unless there are other facts to support some decree of impairment.  Another factor would be if you did test positive for THC in your blood with the alcohol.  It sounds like the communication with your current attorney has been limited.  You need more information about an appropriate trial strategy.  Consulting with another attorney to get a second or third opinion will give you a better idea of what to expect and how to plan your defense.
At trial, you or your attorney will need to be prepared to challenge the results of any tests and the validity of the investigation.  If you do not properly argue the law and facts, you could end up with a conviction on your record.  If your trial is handled properly, you have a better chance of obtaining a not guilty verdict.

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