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I just got a DUI and I'm scared it will affect my whole life. Is it a felony or misdemeanor? I don't know what to do but I think I want to fight it. My breath test was .09, and I think it malfunctioned because I only had one glass of wine over dinner, which lasted for 1.5 hours. How can that be?
15 ANSWERS
Michael J. Breczinski
The first one is a misdemeanor without any aggravating factors like death.
Answered on Mar 01st, 2013 at 7:02 PM
Civil Litigation Attorney serving Seattle, WA
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The Law Office of Edmund P. Allen Jr., PLLC
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In Washington it is a gross misdemeanor unless it is your fifth one.
Answered on Feb 27th, 2013 at 10:51 PM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In SC, there are many different factors that come into play in a DUI charge. Machines can and do malfunction and law enforcement personnel, just like all of us, sometimes make poor choices. This information is not a basis for any action and/or inaction in relation to this matter. You should consult with a local attorney in person immediately regarding this matter.
Answered on Feb 27th, 2013 at 2:55 PM
John J. Carney
If it is a first offense it is a misdemeanor and you will get a DWAI violation with a good DWI lawyer, there are a lot on Law QA. If you only had one glass of wine and it was a normal glass, not half a bottle you should not have been a .09% BAC, but thos machines are very accurate.
Answered on Feb 26th, 2013 at 11:10 PM
In Colorado, a DUI is a misdemeanor offense, as long as there was no accident or injuries. If this is your first offense and first contact with law enforcement, I would recommend talking to a skilled DUI attorney in your area. You may have defenses to the DUI charges or be eligible for mitigating sentencing factors.
Answered on Feb 26th, 2013 at 11:10 PM
A first DUI won't be a felony unless you've injured someone. Sounds like you have a very good case because you're near the borderline. The breath machine is notoriously inaccurate, but that helps your lawyer when he goes go court. Remember you have only 10 days to save your license, so you should hire a DUI specialist ASAP.
Answered on Feb 26th, 2013 at 11:09 PM
Criminal Law Attorney serving Melrose Park, IL
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The Law Offices of Carlos H. Davalos
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A DUI can be either a felony or a misdemeanor.
Answered on Feb 26th, 2013 at 11:09 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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A first time DUI is usually charged as a misdemeanor. A blood alcohol level of .09 may qualify you for a wet or dry reckless driving charge.
Answered on Feb 26th, 2013 at 11:08 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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First DUI is a misdemeanor. Still get an attorney and make every possible defense. It will have continuing effects on your future.
Answered on Feb 26th, 2013 at 8:03 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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Unless you weigh 60 pounds, or it was an extremely large glass of wine, sounds like that .09 could be a false high reading.
There are several different factors that can cause this.
Machine malfunction, if you were in the absorption phase when you blew into the machine.
Health issues such as GERD, mouth alcohol,...etc. If there was no accident causing injury, and you do not have 3 prior DUI's, then this should be charged as a misdemeanor.
I would recommend that you consult with an experienced DUI attorney in your area to discuss your case in more detail. I can be reached if you would like a free consultation.
Answered on Feb 26th, 2013 at 5:19 PM
James Edward Smith
It's a misdemeanor until the 3rd one in 7 years.
Answered on Feb 26th, 2013 at 5:18 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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DUI is a misdemeanor as is DWI 1 and DWI 2. The 3rd DWI is a felony. .09 means you are probably charged with DWI - more serious than DUI. (DUI is for any consumption & driving by a person under 21.) You need a good lawyer.
Answered on Feb 26th, 2013 at 5:18 PM
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Usually, a first time DUI is a misdemeanor. As for the breath test, it could be wrong, but it can also be affected by your weight, physical fitness, how much you had to eat, and other factors.
Answered on Feb 26th, 2013 at 5:18 PM
Criminal Defense Attorney serving Vancouver, WA
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Jeff Holmes, Attorney at Law
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If this is your first DUI offense, it s a gross misdemeanor. If you are facing a fifth DUI within a ten year period, then you would be facing a felony with relatively stiff penalties.
A DUI could potentially have a major effect on your life, and having an experienced attorney help you through the process could assist greatly in lifting some of that stress off of your shoulders.
If you have a court appointed attorney, get in touch with them to discuss your case in more detail, as well as potential trial or suppression issues.
If you don't have a court appointed attorney, I would recommend consulting with some criminal defense attorneys to advise you on how to proceed forward and to assist you with the process. I'd be happy to chat with you further if you are interested.
Answered on Feb 26th, 2013 at 5:17 PM
Criminal Defense Attorney serving Birmingham, AL
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The Harris Firm, LLC
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The first 3 are misdemeanors; the fourth is a felony. Nonetheless, it will still affect your whole life. You need to hire an attorney, and you need to do it as soon as possible. Some of your remedies are time sensitive and need to be started within a few days of arrest.
Answered on Feb 26th, 2013 at 5:16 PM