QUESTION

How can an attorney help me fight a DUI charge if I blew over a .08?

Asked on Mar 12th, 2013 on DUI/DWI - Michigan
More details to this question:
I got pulled over and got charged with DUI. I was over the limit. I don't have much money for an attorney but my dad said I should get one. Won't I get convicted either way if I was legally intoxicated? Is there something an attorney can do that I can't to get me out of it?
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10 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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A good DUI attorney knows the rules, regulations and procedures regarding blood/breath testing, probable cause, field sobriety tests, etc. and may be able to get you a better deal than if you represent yourself. The choice is yours.
Answered on Mar 13th, 2013 at 4:36 AM

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Criminal Law Attorney serving Boulder, CO
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Each case is different, but there are good defenses to breath cases, especially if close to .08 - also, you might be able to keep your license - there is no way to know if you have good defenses unless you have a lawyer review the case - get the police reports and give me a call In response to your DUI Questions: I am a criminal defense attorney that focuses on DUI cases. If you would like to discuss your case, please contact me. Some important information- If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form.
Answered on Mar 13th, 2013 at 1:13 AM

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Criminal Law Attorney serving Melrose Park, IL at The Law Offices of Carlos H. Davalos
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Not necessarily. It's certainly possible to defend even when your BAC is over the limit. But you will have to find some sort of procedural flaw or equipment malfunction to move forward with your argument.
Answered on Mar 12th, 2013 at 10:44 PM

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Domestic Violence Attorney serving Denver, CO
Partner at 5280 Law Group
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It is impossible to answer your question in this public forum. Colorado DUI prosecutions are very complex and can be highly scientific. If you have a defense available to you or if any evidence collected against you is suppressible (which could weaken the prosecutions case) is very fact determinant in Colorado. You would need to consult with a Colorado DUI attorney in your area.
Answered on Mar 12th, 2013 at 10:43 PM

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Of course. Everyone blows over a 0.08, because if they don't you would be let go. So think about if, if everyone who blew over 0.08 is automatically guilty, then DUI lawyers would all be unemployed long ago. My advice is, seek a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Mar 12th, 2013 at 10:40 PM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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Two things: first of all,, your dad is correct. A good DUI attorney is a great investment and will more than pay for themselves in what they can save you. Secondly, how do you know you were legally intoxicated? Just because a breath test said so doesn't make it correct. The machine may not have been properly calibrated, it may not have been administered correctly, it may not have been administered by someone qualified and trained to do so, or they may have been other factors that determined your blood alcohol content (BAC). Keep in mind that this evidence only comes in if the stop is valid and there is probable cause for the arrest. Also, if they gave you field sobriety tests they need to make sure that they were done correctly. There are a lot of factors that can get your charge reduced or dismissed, but only a trained eye with experience in such cases knows what to look for. Even though it's a misdemeanor, a lot is at stake including your driver's license, fines, costs, possible vehicle immobilization or interlock, higher insurance premiums, points on your driving record, etc. Seek out and find a good DUI attorney in your area and don't just go with the lowest bidder as they don't have your best interests at heart.
Answered on Mar 12th, 2013 at 3:37 PM

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Immigration Attorney serving Salt Lake City, UT
Partner at Natty Shafer Law
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There are many things an attorney can do for you. First, breathalyzers are not 100% accurate. Depending on how much over .08 you were, it may be possible to argue that you were still within the acceptable range. Second, police officers need to follow protocols before pulling you over or having you take a breathalyzer. If the protocols were not followed, it may be possible to get some evidence suppressed. Finally, it may be possible to get a reduced plea.
Answered on Mar 12th, 2013 at 3:36 PM

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Litigation Attorney serving San Antonio, TX at Graves Law Firm
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There are many ways a good DWI attorney can work to improve your outcome, whether by getting you a better plea deal or by taking your case to trial and maybe winning or maybe getting you a better sentence than the prosecution offers you in a plea bargain deal. Blowing more than .08 is not good, but it doesn't mean you should just roll over and take the prosecution's first offer. Some DWI lawyers are better at what they do than others, but you're almost certainly better off with a lawyer than without one. If you can't afford one the Court will appoint one to represent you, or you can use a public defender if that's the way indigent cases are handled where you live. Good luck.
Answered on Mar 12th, 2013 at 3:36 PM

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Michael J. Breczinski
Your dad is right. An attorney can spot issues in the police reports that would make it hard to convict you. Also often an attorney can work out a deal for a plea to a lesser crime.
Answered on Mar 12th, 2013 at 3:35 PM

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Personal Injury Attorney serving New York, NY at Rothstein Law PLLC
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You should hire a criminal defense lawyer who knows how to handle a DUI case because a plea involving .08 is a misdemeanor and will give you a criminal record for life. A good lawyer may be able to see if you have defenses, find a weakness in the DA's case or at least negotiate a lesser plea that will not give you a criminal record.
Answered on Mar 12th, 2013 at 3:35 PM

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