QUESTION
What can I do if I was charged with DUI under 21?
Asked on Mar 19th, 2013 on DUI/DWI - Wisconsin
More details to this question:
This weekend I was pulled over a few hundred feet from my home because of a broken headlight. The officer then asked me if I had been drinking, asked me to step out and gave me a breathalyzer and I believe the BAC was .13 I was then taken to jail but on the way, we stopped to pull over a man who was highly intoxicated driving towards us on the highway. All in all my blood was not taken for about 2 hours or more after I was pulled over. The officer was friendly to me explained the ARD program to me and said he'd work with me as much as he could. I am a little worried I won’t be eligible because even though I have no prior DUI I have 2 previous underage drinking violations. Also I am worried they will try to charge me with yet another underage on top of the DUI. I really can’t afford to lose my license as I am a full time college student and employed part time. (Please don't just inform me to get a lawyer, I know that I should already).
5 ANSWERS
Michael J. Breczinski
Well I will tell you to get into an alcohol abuse program. Since you keep getting into trouble over alcohol you are an alcoholic. Get treatment up front and it will help with any plea bargaining or sentencing.
Answered on Mar 25th, 2013 at 9:51 PM
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Randy M. Lish, Attorney at Law
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Get an attorney and either fight the charge if you have evidence, or work out a plea bargain.
Answered on Mar 21st, 2013 at 10:46 PM
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license from a very long "under-21" suspension.
Answered on Mar 21st, 2013 at 10:27 PM
You are facing a charge of DUI, however since you are under 21, you are looking at a one year hard suspension on your license (possibly no restrictions).
Answered on Mar 21st, 2013 at 8:38 PM
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Richard B. Jacobson & Associates, LLC
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Sorry, but getting a lawyer is exactly the advice which any reasonable person, or lawyer, would give you. The fact that the blood draw was so long after the traffic stop could help in a courtroom defense against an OWI (=DUI) charge, but the prosecutors know the minuet very well, and their dance step would be to say that since your body breaks down alcohol (at the rate of about .015% per hour), you had to be much more drunk when they stopped you. The only response to that, I suppose, is that you had a lot to drink after the traffic stop. But you can only say that if it is true, and hopefully you can prove it. A good lawyer can make a real difference in getting a better deal from the prosecutor, or finding other defenses.
Answered on Mar 21st, 2013 at 8:05 PM