I'm assuming the cop took his/her driver's license on the spot because she was over an .08, so she MUST see a lawyer. I would recommend she call the bar association in the city where the courthouse is. For example, Van Nuys Court, San Fernando Valley Bar Association, and request a lawyer who specializes in dui cases. Don't be surprisd if the lawyer wants $2,500.00 up front. Since it's an .09, hee's good wiggle room for what is known as a "wet reckless" which has many of the same effects as a dui, but means no jail time, although it is priorable. If her driving was not too outrageous, there's a possibility of 2 moving violations. Other consequences are having to deal with DMV, a separate entity from the Superior Court. A lawyer is necessary to walk him/her through the process of keeping her license. She should enroll in an approved alcohol class for DMV. the fines are gong to run in the thousand$. If your firend can't afford a lawyer, the Public Defenders do a good job in cases like this. They are in the same courtrooms every day and can tell what a case is worth for the purpose of plea bargaining.
Determine to your satisfaction that the police had a reason to stop friend--it can't be random, they must have in the report friend was swerving--some reason to stop. If not, you might want to fight it.
Assumming reasonable cause to stop it's (in my State) 6 mo. w/o a license (+ fine). You can get an occupational license which lets you drive to work, get groceries, go to church, etc. during specified times of the day. Don't assume your insurance will know. It's worth looking into an insurance co. which doesn't cover you, but provides insurability documents to your DMV. (Your rates won't stay/go up, that way.)
I can drive just fine with .09, probably twice that. MADD rules. We all know people who can't talk straight after one beer, and likewise BAC depends on the individual as to how it affects driving. It's not fair but it's the law.
Second offence, my State, six mo. in county jail. Out for work? Maybe. Lose job? Probably.
MADD rules. You can thank these idiots who drink & drive AFTER the first bust. That should be enough. That's you and me. Times have changed. Society doesn't allow drinking & driving w/o consequences anymore. Having been busted once, you're a set up for jail. Face it.
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