How can I fight a DUI charge that I disagree with?

You must bite the bullet and hire an experienced DWI attorney and fight te charges.

You should call me immediately to discuss your case.

It certainly sounds from you rendition of the facts that you have a defense, and in fact are innocent of the charges.

You need a good lawyer, it's a delicate situation that cant be addressed in an email.

Get an attorney and fight the matter. The people who you were with before would be important witnesses and the people who picked you up.

You need to hire an experienced criminal lawyer to represent you. If you were not drinking what was the reason the officer gave you for stopping you. If you were given a preliminary breath test the results should have been indicated on one of the tickets you received. I don't understand why you were given 4 or 5 tickets and you don't say what charges the tickets were issued for. I would need a lot more information to advise you as to what you should do. Do you have a bad driving record These are important questions that an attorney would need to have answered to represent you properly.

I would recommend taking this case to trial under this set of facts. For one thing, the officer has to have probable cause and from what you say here I don't see any probable cause. There are a whole lot of other issues that I see that should be raised, but if the judge determined that the officer lacked probable cause to even make an arrest, then the case would be thrown out in it's entirety so the other issues would be moot.

It appears that you need to press for a dismissal or try your case. In either event you need to retain an attorney.

Unfortunately, you will have to hire a lawyer to defend yourself on this or run the risk that you could be convicted. There is really only one way to tell your side of the story in court and that is through trial. It is unfortunate that if you had nothing whatsoever to drink that you now have to spend the money for legal assistance. However, it is far better than the alternative which is to live with an OUI (drunk driving) on your record. In this day and age, it is extremely difficult to obtain jobs, scholarships, student loans and many other things that you would otherwise be eligible for once you are convicted of a crime. Be careful as many people believe that simply because they are "in the right" that everything will work out and they don't need a lawyer. This may be the case in most other areas of life, but I can assure you that it is not the case in the criminal courtroom. Constitutional rights must be protected and the rules of evidence and criminal procedure must be enforced in your favor or a prosecutor could railroad you right into a conviction.

Your story sounds unusual and you should have multiple arguments; however, you must consult an experienced, local attorney immediately. You probably only have 20 days to file a hearing request tot preserve your rights.

You should retain the help of an attorney in this matter. It sounds like, if you were not drinking, that there may be no evidence to proceed with an OWI charge. An attorney, after reviewing the police report, could offer you better advise.

Hire a good criminal atty. If testing at station (required evidence ticket) shows 00 BAC you should be able to beat an OWI. Don't know about other 4 tix because you don't indicate charges. Sounds like when oic realized couldn't make owi charge stand he piled on to either muddy the water or get something where nothing existed.

Without reviewing the police reports an attorney cannot completely assess a case. If the facts change the answer changes. If you were "completely sober" you cannot be convicted of Driving Under the Influence. However, even if you were alcohol free a person can be Under the Influence of drugs or even a prescribed medication. An attorney can review all the evidence and legal defenses in a case.

If you want to fight this DUI charge and protect your college career and your future, hire an aggressive attorney that will fight to protect your rights. When looking for an attorney ask him, is there a limit to the number of DUI cases you will take in a month? If the answer is no, or the number is very high, say 20, 30 or more, consider how much time the attorney might be able to spend on you, how hard he may be able to fight and whether his is a volume operation. Next, ask him, out of the last 6 months, or year or 20 cases or whatever, how many people who were charged with first time DUI did he plead the client guilty or no contest TO the charge of first time DUI. 95%? 75% 12 our 15? 5 out of 15? Since Honolulu county does not plead first time DUI charges to anything less, I can say that in the last 6 months and the last year and the last 20 cases I have not plead out a single case. If you want to fight every step of the way, hire an attorney that will do that.

If your BAC was .00%, then hire counsel to contest your case. Unless you confessed to something, it sounds as though your Miranda Warning timing is irrelevant.What happened at your court hearing that you got 4 more tickets.

You need to hire a DUI specialist ASAP, because you have only 10 days to save your license. The Miranda issue is valid, but without a lawyer who knows what he is doing, it becomes a non-issue and you will still get a DUI. Remember you don't have to be over the legal limit of 0.08 to be charged with VC 23152(a).

If you do not consume alcohol and did not on the night in question, then your BAC results should be 0.00 or at least something far below the legal limit of 0.08 (in case you had some food or substance that had alcohol in it). In that case, you could not be charged, or at least successfully prosecurted for drunk driving. I have no idea what the other citations are and how you can defend against them, as you did not list them. You should consult an attorney and have representation if you are being falsely charged.

You do not mention whether or not there may have been drugs ( ie... marijuana or something else in your system). DUI charges are not based solely on alcohol. DUI cases are very serious and can have lasting implications, including impact on job prospects. You should not handle this type of case on your own, no matter how ridiculous you think the charge might be. Hire an attorney who can review your case with you and represent you accordingly.

You need to hire a lawyer. Your story leaves a lot of facts unclear. He will be able to get the police report and the results of the breath test (I assume you took the test since you mentioned BAC). If you don't drink at all you couldn't have read over the limit, but if you were taking any kind of drugs whether prescribed or not you could be charged with DWI. Your lawyer can advise you better once he has the whole story.

How can I fight? What can I do now? By defending it in court, like any other person accused of a crime. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. While this isn't a 'capital case', you certainly face fines and potential jail, so handle it right. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV upon your arrest. That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you do not win the appeal, you can still apply later for a restricted license for to/from work and school, etc., after serving at least of the full suspension period. If you don't know how to do these things effectively, then hire an attorney that does.

The burden is on law enforcement to prove their case beyond a reasonable doubt. I recommend you hire an attorney.

You raise a number of issues. Miranda rights have to be read if you are in custody and being questioned. It will depend on the facts that led to the officer to come up to your window. If you were fully sober, then there should be no problem with the dui charge. The evidence which will be crucial in your case will be what the officer saw of the way you were driving and how you did on the field sobriety tests.

If you do not have a BAC above .08 you should be able to get this case dismissed. It appears, from the facts that you presented, that they do not have a driving pattern. No driving patter and a BAC below .08 is a dream defense for a DUI attorney. It appears that you have a question about how Miranda Warnings work in relation to a DUI charge. In Utah, Miranda warnings work as follows: Usually, when a person states, I was not read my rights! they are referring to their Miranda Warnings/Rights. Miranda Warnings protect people from being compelled in any criminal case to be a witness against themselves.[1] The Miranda Warnings/Rights are: (1) You have the right to remain silent; (2) Anything you say can and will be used against you in court; (3) You have the right to consult with an attorney and have an attorney present during questioning; and (4) If you cannot afford an attorney, one will be provided to you before questioning at no cost to you.[2] However, many people misunderstand when a peace officer is required to give them Miranda Warnings. A suspect is only accorded Miranda protections during a custodial interrogation. Both elements (i.e., custody and interrogation) must be present before the peace officer is required to give Miranda Warnings. That means peace officers are not required to give Miranda Warnings when they are still in the investigatory stage. For instance, a peace officer is not required to give Miranda Warnings when he asks a person suspected of driving under the influence if they have been drinking or asks them to conduct field sobriety tests. This is because the peace officer is still trying to ascertain whether a crime has been committed (i.e., The Investigatory Stage). That said, in Utah, a person is in custody when an individual's freedom of action is curtailed to a degree associated with a formal arrest. The inquiry is objective, and a person may understand himself to be in custody based either on physical evidence or on the nature of the peace officer's instructions and questions. Utah Courts have set out a five-factor test to determine when a person is in custody for the purpose of Miranda protections. They are: (1) the site of the interrogation; (2) whether the investigation focused on the accused; (3) whether the objective indicia of arrest were present; (4) the length and form of the interrogation; and (5) whether the accused came to the place of interrogation freely and willingly. In Utah, after it has been determined that the accused was in custody, the court must decide whether the accused incriminating statement was the product of interrogation. Interrogation is either express questioning by the peace officers or its functional equivalent. And, it incorporates any words or actions on the part of the peace officers that they should have known were reasonably likely to elicit an incriminating response. There are many Utah cases that have interpreted custodial interrogation and when Miranda Warnings are required to be given by peace officers. In *Salt Lake City v. Carner, 664 P.2d 1168 (1983) *and *Salt Lake City v. Gallegos, 2009 UT 42*, the Utah Supreme Court explains the circumstances in which a peace officer is required to give Miranda Warnings. In* Carner*, the Utah Supreme Court held that the defendant was not in custody, or otherwise significantly deprived of his freedom. Nor did custody compel the defendant to take field sobriety tests. Defendant was requested and he agreed, both verbally and by his attempts at compliance, to perform the field sobriety tests. Therefore, the defendant was not compelled to give evidence against himself. The relevant facts in *Carner* are as follows: The peace officer observed defendant's vehicle cross the center line of the street three separate times while traveling approximately one block; After defendant's vehicle made a sweeping left turn, the peace officer

You need to plead not guilty and get an attorney.

You should go to trial.

Very simple. If you were not drunk, that case should be dismissed. I don't know what the other 3 tickets are for, but you will certainly need an attorney for those.