QUESTION
If I blew a .08 and a .07 and got a DUI, can I do something?
Asked on Jul 08th, 2015 on DUI/DWI - Colorado
More details to this question:
I was pulled over for having expired tags, but had just left the bar. The cop had me follow the flashlight with his eyes and then had me step out of the car when I could not do it. I had to take 3 field tests, but I did not do well. I blew a .08 on the road, and then got taken to the station where I blew a .07. If I have not been charged yet, should I get a lawyer?
7 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You would benefit from having a lawyer, but you could wait until you receive a summons with a copy of the complaint. They cannot charge you for having a Prohibited Alcohol Concentration, but they could still charge you with drunk driving, and use any test result above .04 as evidence. There are some defenses, however, which a good lawyer could tell yo.
Answered on Jul 09th, 2015 at 12:38 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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You should go to the first date and see if the DA files. If they do, ask court for a two week extension to get a lawyer. Then get a lawyer. You should not settle for a DUI or wet reckless. This case is very good for you.
Answered on Jul 09th, 2015 at 12:20 AM
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license. You have a very good case. Don't let it go to waste by lack of action.
Answered on Jul 08th, 2015 at 3:11 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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You can plea guilty or not guilty. Talk to a lawyer about cases in your area with low tests results. Some States Attorneys will not prosecute low tests like yours.
Answered on Jul 08th, 2015 at 2:23 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should absolutely get an attorney to assist in your defense, or at least the mitigation of your damages.
Answered on Jul 08th, 2015 at 2:06 PM
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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You have a lot of good facts with which to work. You should definitely hire an attorney.
Answered on Jul 08th, 2015 at 2:06 PM
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If this occurred in Colorado, then you were likely given a ticket for DWAI and the other traffic matters. You will not lose your license unless you have prior convictions. You have defenses. Do not worry about the DMV hearing part below since it does not apply under 0.08 BAC. In response to your DUI Post: I am a criminal defense attorney with more than 17 years experience on DUI cases. If you would like to discuss your case, please contact me. Some important information- DMV Issues - 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. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Request a copy of the Expressed Consent Packet. Evidence Issues - It would be valuable to immediately request all police reports, including all audio and video recordings from dash recorders, lapel recorders and police station recorders from the police agency that arrested you and the prosecution. Include in your written request a statement that you believe the audio and video recordings are material and exculpatory. Make sure you get a copy of your request with the date, signature and name of the person that you give it to. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
Answered on Jul 08th, 2015 at 1:46 PM