More details to this question:
I had pulled over to the side of the road because I had a flat tire. I got out of the car to check it and cops pulled up behind me. They smelled alcohol on my breath then proceeded to give me a field sobriety test. Afterwards they arrested me and took me to the police station. I took a breathalyzer but due to my excessive crying and nervousness, it came back as an invalid sample three times. The cops then drove me home. Today is Wednesday and my court date is set for Friday. I was wondering if there was anyone that could help me. Thank you in advance!
16 ANSWERS
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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DUIs are really too complex to try it by yourself. The stakes are very high because not only do you risk probation, possible jail, fines, costs, ignition interlock, vehicle immobilization, but higher insurance premiums, license points, and driver's responsibility fees. In order to have a chance at all you need an experienced DUI attorney to carefully evaluate every inch of your case including the police reports, cruiser cam videos, calibration and maintenance records of the breath machines and certifications of the operator, among other things. There may be ways to challenge the stop or invalidate the chemical test results or the field sobriety tests. A good DUI attorney will more than pay for himself in what he can save you.
Answered on Mar 15th, 2013 at 6:07 AM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Yes, you can fight your DUI, you should take advantage of a free consultation with a DUI attorney in your area. Under the facts you have provided your case may be more serious than you think, it sounds like you didn't provide a chemical test, your license could be suspended for a year if the DMV deems this a refusal. The fact that you were parked, and the police didn't observe you driving, provides a solid defense under the right circumstances.
Answered on Mar 14th, 2013 at 6:43 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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You need to hire an attorney. if you can't afford one, ask the court to appoint a public defender to represent you.
Answered on Mar 14th, 2013 at 6:42 AM
Michael J. Breczinski
You have to get or ask for an attorney.? There may be a way to fight this or work out some deal.
Answered on Mar 14th, 2013 at 6:41 AM
Personal Injury Attorney serving Baton Rouge, LA
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Law Offices of Chris Cascio, LLC
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You need to contact an attorney immediately.
Answered on Mar 14th, 2013 at 6:33 AM
There are many DUI attorneys in your area that could assist you and depending on your situation you may qualify for the services of the public defender's office. As a very brief overview, DUI prosecutions depend on the government proving that you were driving and at the time of driving your BAC was above a .08. The officer does not have to see you drive, circumstantial evidence can be used to show driving. That being said, you may have some defenses to the charges against you. I would consult a local DUI attorney in your area.
Answered on Mar 14th, 2013 at 6:20 AM
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There are ways to fight this. Some important information- 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. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
Answered on Mar 13th, 2013 at 3:49 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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It is possible to fight DUI cases. In your situation, no evidence of poor driving, which is a good start in defending DUI cases. No breath test results is also helpful, although, may create a further "refusal" issue. Did they list you as a refusal on your citation or temporary license? There is more information on 1duilawyer.com . I would highly recommend that you speak with an attorney in your to discuss this matter further. The sooner the better. Particularly where there is only a 10 day window from date of arrest to request a DMV hearing to fight what is usually an automatic license suspension from the DMV (separate and apart from the case in criminal court).
Answered on Mar 13th, 2013 at 2:48 PM
You need to hire a DUI specialist, because you have only 10 days to save your license.
Answered on Mar 13th, 2013 at 2:47 PM
You need to visit with an attorney not only on the criminal charge but also regarding your rights to an administrative hearing regarding your driver's license. The sooner the better.
Answered on Mar 13th, 2013 at 2:47 PM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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I would recommend pleading not guilty until an attorney can at least review the police report. Just having the odor of alcohol does not mean you are DUI. What court are you supposed to appear in?
Answered on Mar 13th, 2013 at 2:46 PM
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Yes, if the officer never got a valid sample, then you could argue to a jury that you were not over the legal limit. The plausibility of this will depend on the evidence, such as whether the encounter was recorded. The fact a jury could acquit you might make a prosecutor give you a better plea deal. Its worth hiring a lawyer to help you get the best possible outcome.
Answered on Mar 13th, 2013 at 2:45 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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You can always fight the charge - the burden is on the government. Period. Contact qualified DUI counsel.
Answered on Mar 13th, 2013 at 2:44 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You need to hire an attorney
Answered on Mar 13th, 2013 at 2:44 PM
If you are going to fight your intoxicated driving charge, you need to hire an attorney. Do not go this alone. If you cannot afford an attorney, ask the court to appoint one for you. If the prosecutor does not have a BAC reading, his job can be more difficult. However, he can use physical evidence such as the manner of your driving, speaking, and walking to argue that you were intoxicated.
Answered on Mar 13th, 2013 at 2:44 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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Yes Hire a lawyer to review your case and look into any defenses and other options.
Answered on Mar 13th, 2013 at 2:43 PM