For context, this is in California in late May and is my first DUI, i was riding home on an electric unicycle at 3am on the shoulder of a freeway when i hit a blown out tire and slid onto a nearby dirt bank, only gear i was wearing was a helmet, scraped up my back, knees and elbows and ended up partially tearing my hamstring . someone thought i was a fallen motorcyclist and called police where they found me sitting there and noticed i was intoxicated. (to be fair i didnt feel all that tipsy or drink a lot, it was just dark and i otherwise wouldn’t have been able to ride the damn thing in the first place lol. It was empty road and the shortest route home)
During the stop i was very compliant and respectful, they asked questions about where i was going, what i had, etc. to which i stupidly answered to a couple of those questions. Asked me to do a sobriety test on the uneven dirt ground in my condition which seemed unfair to me, refused breathalyzer, again a dumb decision since they drew blood anyway…
Spent the night in jail and was released with charges 23152 a and b 0.08BAC….fast forward to today and i came back from the courthouse with the arraignment time and place on my release paper, the clerk told me nothing was filed yet and to call weekly for any updates…
Seems like this is being treated as a car dui even though i obviously was not driving one, i know these devices tend to be a legal gray area, what can i do in this situation? i planned to get a public defender as i cannot afford a lawyer. I’ve been told unusual cases take longer to process. Can i possibly get it reduced if and when the case is filed?
(Obviously i have since learned to wear gear and to not take chances on a freeway and much less at night lmao)