QUESTION:

In October I was arrested on my way to work in placerville, CA. I got pulled over by chp, for expired registration, I just bought the car the day prior, showed documentation, and explained to him that I had not made it to dmv yet. He then told me he suspected I was under the influence. He had me exit the car. I took a breathalyzer test in which I blew 0.00 then a few field sobriety tests. I explained again that I was just exhausted because I had been working 15 hours a night. As well as driving almost 2 hrs each way. He then told me that he was going to take me headquarters and do more sobriety test. After about an hour and a half there, more test, more questions he took me to the hospital for blood test. Then back to spend the night in jail. I got out the night morning, I never received a ticket, when I was released I signed for my property. I hadn’t heard anything about it again until yesterday I got a notice in the mail from the chp saying they were suspending my license. I can’t lose my license, I have to work, I already lost my car, causing me to lose my job.

ANSWER:

You need be sure to challenge the suspension before ten days elapse.

The scenario you described is unusual. Typically when someone blows a 0.0 but the CHP wants a blood draw, that indicates a suspicion of driving under the influence of a drug. However, those types of lab results rarely come back faster than 30 days … and the DMV doesn’t always initiate a license suspension after an arrest without some kind of positive test. This makes me wonder what statements you may have made at the scene.

Because the public defender will not help you until your first arraignment, and will not help you at all with the DMV administrative hearing, I suggest you speak with a private criminal defense attorney in your area.

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