Author of "The DUI Answer Book" A Citizen's Guide to Understanding Your Rights

Who do you want as your attorney? The Master or the student? Patrick Silva has over 20 years of DUI experience, he has been published in DUI reference books, he has spoken in front of hundreds of attorneys at conferences, taught classes to lawyers on his secrets and strategies, and has a nationally listened to podcast dedicated to teaching other DUI lawyers how to win.  (909)798-1500

Q: What can I do with this 1st DUI in California.

I was driving South Bound on I-5 from Kern county towards LA county. A white charger was tailgating me and I was changing lanes to avoid a collision. He then pulled next to me and pulled what seemed to be a weapon as he waived. I quickly moved over and speed to avoid any confrontation and that's when a CHP pulled me over. He mentioned he was 15 mins to end of shift and said he was going 85 when i passed him. I passed the PAS and when he asked for a breathalyzer I declined and he took me in. I requested for blood work and he declined and said he needed me to check my BAC via a breathalyzer. Long story short, he gave me a ticket for DUI and my citation only has DUI on it. This is my 1st offense and am I able to ask for records of when was the last time the device was service ? I did tell him of why I sped up.

​A: There are at least a few issues here that a good DUI attorney can use to help you. One problem for you is if the officer wrote this up as a test refusal - DMV will want a year hard suspension. You have right to request a blood test, so the right attorney will use that to help you. Contact an experienced DUI attorney ASAP. You have only 10 days from the date of arrest to request a DMV hearing and avoid an automatic suspension of your driver license.