My husband got a dui on xmas eve.?

Question

He had one several years ago but is now off his record. The one on xmas eve, he blew under the limit & passed all sobriety tests with flying colors but still spent the night in jail. We live in Ca. does anyone know if he'll be able to get a restricted license to get to and from work?

Answer 1

Something isn't right with this story. If your husband passed all the sobriety tests and didn't blow over the legal limit, then he should not have been arrested for DUI unless there is more that he's not telling you. Perhaps the DUI was due to drugs?

There are two levels of DUI in California.

CVC 23152(a) is DUI with impairment. This can be used when the driver shows impairment due to drugs, or due to alcohol when the BAC is under .08%.

CVC 23152(b) is DUI with a BAC over .08%. This is the old DUI "over the legal limit."

Either way, the courts and the DMV will make the decision on whether or not he can have a restricted license if convicted. On a second DUI a restricted license is not likely.

Answer 2

I tend to agree with those who are commenting that if your husband passed the field sobriety test and the blood alcohol test he would not have been arrested. It is possible, of course, that he took a test that does not have an immediate result (i.e, blood or urine rather than breath), but then neither he nor the police would know the results yet. Of course, they may also think he was driving under the influence of a drug, alone or in combination with alcohol. This is charged under the same statute.

However, if he was released with no test results back, or if they suspected drug use, then he almost surely has a future court date. If he has no future court date, then perhaps there is something to his story.

At any rate, the priorability period for DUI in California is 10 years, so if "several years ago" is less than 10, and he is charged with this DUI he will be charged with a prior. Without a prior it is possible he could get a restricted license. With one, unlikely.

Answer 3

Mr. O is likely right. Either your husband is lying about the tests, or they just did so to get him off the streets for the night, or to see if possibly his BAC would go up.


If someone here is borderline, we will do the same thing. Even though the case may be dropped, we got someone off the street for the night, and hopefully prevented an accident. The reasoning for this is simple. If you left a bar, and right before you left, you took two shots. Ten minutes after you leave, you will not be displaying the effects of the liquor just consumed. Had we pulled this person over twenty minutes later, they may well blow over the limit or not be able to pass the tests.

Either he will face charges of DUI, or they will be thrown out and all he had to endure was a night in jail. That is better than getting down the road and killing somone else or himself.

Answer 4

Uh, if he blew under the limit and passed the tests, then there had to be some other reason they detained him.

I had a roomate who had three dui's and I had one 13 years ago. They cannot take you to jail if you pass. That's the point of the tests. He had to have faileds the field sobriety or he's lying about what he blew.

But, yes, if the other one is off his record, then he'll be able to get a restricted licence for the first year. Get a lawyer. I highly recommend it.

Answer 5

Merry Christmas Let's get this straight your husband spent the night in jail for DUI and came home and told he past the test. Then why did he spend the night in jail?

Answer: the cops were having choir practice and they needed another tenor? No that doesn't seem to fit.

How about he failed the test and spent the night in the drunk tank,now that seems to fit better. What do you think.

Answer 6

In my own state, a DUI conviction like any other conviction NEVER leave your "record." Should a defendant get over a specific number of DUI/DWI convictions, he is subject to a felony conviction.

There are also lesser included offenses to DWI (Driving While Intoxicated) to include DUI (Driving Under the Influence) to PI (Public Intoxication) which all land you in the overnight services of the local jail.

The best place to obtain an answer would be through your states Drivers Licensing Office.

Best wishes!

Answer 7

I know in Florida he would. There should be a process where he can have a driver license hearing with an officer from the driver license bureau. Check with a lawyer or call the local driver license office to find out the procedure. You go in the hearing and plead your case. Usually, if you don't have any prior DUI's on your record, you can get a business purposes only license. It allows you to go to work, school, church, or the grocery store.

Answer 8

That's my favorite question I get asked by the drunks I arrest for DUI:

"Why are you taking me to jail when I passed all your tests?"

My reply:

"What makes you think you passed the tests when you blew a .19%?"


Q: How does a person who is drunk judge how he/she did on the test?

A: They can't. But it sure minimizes what your family and friends think of you. Why accept responsibility when you can allege the cop is crooked and took you to jail even though you "passed all the tests".

Answer 9

if he blew under the limit and passed the sobriety tests the case will most likely be dropped.

the officer might have put him in jail because even though your husband passed the tests, he might have wanted to prevent your husband from driving anymore.

but i live in another state so i can't say for certain.

Answer 10

Merry Christmas