QUESTION
What can I best do to defend myself from a DUI if I honestly was not drinking?
Asked on Feb 01st, 2011 on Criminal Law - California
More details to this question:
I was followed by CHP on 2 Fwy's and pulled over after exiting 2 block's from my home. At the time my license was suspended for a prior DUI. I was given a ticket for speeding at an exit a mile back, driving on suspended license, & given a breathalizer which came back 0.02 and my car impounded. I was told to walk the two blocks home. I hadn't drank but worked a double shift at my hospital & found out from the DUI instructors in my current program from the 1st conviction that the reading may have come from me using mouthwash when I changed & freshened right before my drive home. I'm wondering what I can best do to defend myself & if I honestly tell the judge that I had no alcohol & that it was from my mouthwash if the DUI charge will be dropped. The other charges I'm not as concerned.
10 ANSWERS
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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What can you do? If you have to ask what to do, then no amount of free 'tips and hints' from here or anywhere else are going to help you in your defense, other than the advice to exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except your attorney about your case. You dont get to talk to the judge about your explanations unless and until you simply plead guilty. When charged with misdemeanor[s] as you are, you potentially face up to 6-12 months in jail. On each count. Effective plea-bargaining, using whatever legal defenses, facts and sympathies you may have, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts and evidence. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict you. If serious about hiring counsel, feel free to contact me. Ill be happy to help you use whatever defenses you may have.
Answered on Feb 02nd, 2011 at 1:13 PM
Criminal Trial Attorney serving San Jose, CA
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Law Office of Thomas F. Mueller
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Unless the driving was real bad or the field sobriety tests were relly poor, the D. A. will be ready to plea bargain the case. We can give you more info or take the case on .We handle many DUI cases.
Answered on Feb 02nd, 2011 at 10:58 AM
It depends on facts not provided. Are you under 21? There is a 0 tolerance on under 21 people. What was your diving like? From the facts given it sounds like a like you have good defense.
Answered on Feb 02nd, 2011 at 10:58 AM
This is simply a matter you cannot handle yourself. You need an attorney. If you cannot afford one, the court will appoint one. You have too many charges that need to dealt with; suspended license; speeding; violation of probation; new DUI. Get an attorney ASAP.
Answered on Feb 02nd, 2011 at 7:58 AM
In all honesty, if you tell the Judge it was all mouthwash and to dismiss the DUI, the Judge will in all likelihood laugh so hard that he/she may fall off the chair. You need a real lawyer with a real strategy.
Answered on Feb 01st, 2011 at 10:43 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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If you had an .02 you are not drunk as the legal limit is .08 but the terms of your probation probably require that you have NO alcohol in your system. Find a lawyer who specializes in DUI and ask for references. Your current DUI instructor might be able to recommend someone.
Answered on Feb 01st, 2011 at 10:43 PM
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An forensic toxicologist can testify as to the effects of mouthwash. Hire a good attorney who knows how to use a good alcohol expert.
Answered on Feb 01st, 2011 at 10:28 PM
Criminal Law Attorney serving Los Angeles, CA
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The Law Offices of Lawrence Wolf
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Best to consult with an attorney. Did they take your DL? Give me a call.
Answered on Feb 01st, 2011 at 10:13 PM
If you just had mouth wash your BAC if any would not be more than .01/.02. I highly doubt a DUI charge would be filed with that BAC. Defending yourself in a second time DUI case is never a good idea.
Answered on Feb 01st, 2011 at 10:13 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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Based on your question, I am assuming you are still on probation from the first DUI. You have a good case to defend, the problem is you probably won't get a chance to speak to the judge during the pretrial stages of the case. I would recommend getting an attorney involved who can start dealing with the prosecutor in an attempt to resolve the matter without having to go to trial on it. Call me if you have any further questions, or contact me through my website.
Answered on Feb 01st, 2011 at 9:58 PM