More details to this question:
I got a DUI, his reason for pulling me over was running a stop sign and excess power after. But it was snowing and we already have packed ice underneath. I slid through stop sign but still made turn without hitting curb on other side. Touching the gas pedal was enough to slide rear of car a little and the stop sign is on a t-intersection so running it is impossible. No field tests were done due to recent knee injury. I have previous eye injury which made eye test impossible. And to make things worse I’m on tooth medication for pain and cough suppressant for a cold. I did have a few drinks but due to teeth hurting I stopped and headed home. It was in the negative temps that night and blew a .104 and was arrested. I did not have enough to justify reading. Is this something I can beat?
2 ANSWERS
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Feb 20th, 2014 at 5:15 PM
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A .104 is pretty high. About your only argument is to try and show that the breath test machine was not working. That may be difficult to do, and certainly you need an attorney to help you do that, as it is very complex. If the breath test result comes in, you lose. Of note: you acknowledge to drinking and to consuming pain killers. Consuming pain killers (prescribed medication) is NOT a defense to DUI. The statute reads, ".... driving affected to an appreciable degree by the consumption of alcohol and/or drugs" Sounds like you have a tough case. My advice: hire an attorney.
Answered on Feb 18th, 2014 at 5:15 PM