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I blew a .17 and only had a drink every hour from 7pm-2am. I have a clean record. I'm hoping that I can get the DUI lowered to a reckless OPP. I did everything the state highway patrol asked me to. I wanted to blow again, but I was informed by the officer that the health department only allows once.
9 ANSWERS
Michael J. Breczinski
Well did you ask to take a independent blood test? Talk to a lawyer. many places have programs in place for first time offenders in order to avoid a conviction, maybe something can be worked out.
Answered on May 20th, 2013 at 8:40 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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If this is a California case, which seems unlikely, you have an excellent chance of beating your case under these facts. You should contact a DUI attorney to handle both the DMV and the court aspects of your case.
Answered on May 20th, 2013 at 8:13 PM
DUI Attorney serving Grove City, OH
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Law Office of John G. Galasso
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Your looking at least 3 days in jail and a 3 day program .17 is considered a high test in Ohio; You need to hire a lawyer represent you in court.
Answered on May 17th, 2013 at 8:09 AM
Litigation Attorney serving Charleston, SC
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The Falk Law Firm, LLC
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I am concerned about your chances of getting these charges reduced. It may depend upon what is on the tape of the field sobriety tests. Based on the content of the tape your lawyer may be able to have the results of the BAC test suppressed.
Answered on May 16th, 2013 at 10:48 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If you are in California, there is very little chance for a wet reckless with a BAC of .17. If you are in another state, you will have to consult with an attorney in your state.
Answered on May 16th, 2013 at 10:47 AM
Divorce & Separation Attorney serving Jacksonville, NC
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The Houser Law Firm, P.C.
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Your case is most likely not in North Carolina. In North Carolina we have DWI not DUI. However, if some aspects of this type of case are universal. If law enforcement did everything properly and the .17 result is admissible. Your choices will most likely be to pled guilty or go to trial. .17**is over twice the legal limit in most states. There is no prosecutor or district attorney that I know of who would risk their career by reducing a DWI at .17 unless there is some serious defect with the case that would cause them to have a serious question about their ability to secure a conviction. You need to consult with an experienced DWI attorney to see if there are any defects in your case that could possibly be used to your advantage. However, like I said if everything was done properly, your attorney will most likely recommend a plea and will attempt to minimize the punishment aspect of a DWI conviction. It is a good thing that you were cooperative with highway patrol and have a good driving record. Often things like this are considered mitigating factors and could lessen any punishment you may receive. Good luck to you and please don't ever drive drunk again - remember it's not just you that's in danger on the road if you drive in that condition again.
Answered on May 16th, 2013 at 10:47 AM
You'll need to hire a DUI specialist if you want any chance of getting a reckless. Hire one soon before the DMV goes after your license.
Answered on May 16th, 2013 at 10:46 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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At .17 you would be considered "super drunk" and many prosecutor's offices have a policy against lowering the charge, especially to a non-alcohol related offense like reckless driving. That doesn't mean that it can't be done, but it's an uphill battle. There may be issues with the stop or how your blood alcohol content was determined. Only an experienced DUI attorney with a trained eye would be able to tell you for certain. A good DUI attorney is a great investment. This is serious and can have long-lasting effects so I would consult with a DUI attorney in your area as soon as possible.
Answered on May 16th, 2013 at 10:45 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Depends on the county on whether this is an option. However, this is also a possibility of a type of settlement which would result in a dismissal. You need to hire a good lawyer.
Answered on May 16th, 2013 at 10:45 AM