QUESTION
What can I expect if I was charged with DWI and possession of controlled substance?
Asked on Mar 27th, 2013 on DUI/DWI - Georgia
More details to this question:
I was arrested for DWI and also had Xanax on me. I failed one field sobriety test and blew a .060. The DA said he would drop possession charge if I plead guilty to DWI. Should I fight DWI or take the plea?
7 ANSWERS
Michael J. Breczinski
Well the DWI should be reduced to a lesser charge normally but depending on the facts in the case you may have to take the deal since they may have you on the possession. I can't say more without seeing the police reports.
Answered on Mar 28th, 2013 at 7:55 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. A BAC of .06 is below the legal limit for a DUI (which is .08 or above). Where did you get the Xanax and did you have a prescription for it. I would suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Mar 28th, 2013 at 7:55 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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No one can answer that question without knowing all the facts, including the police reports. Possession of a single pill or two of a controlled substance might not matter much if someone you are looking after has a prescription: perhaps you were just holding it for him or her. Also, what prior convictions do you have? But you may not want to risk a trial. A reading of .o6% may be used to help prove you were driving under the influence, even without exceeding the Blood Alcohol level.
Answered on Mar 27th, 2013 at 3:55 PM
You absolutely should fight it. DUI is the more serious charge, so dropping the possession means nothing. Hire a DUI specialist before the DA dupes you into a plea.
Answered on Mar 27th, 2013 at 3:46 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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You need to consult with an attorney, this seems like a very bad "plea bargain" to me, but depending upon the facts of your case and the county where you are being prosecuted you may be getting the best deal possible.hard to say. A local DUI attorney can help you assess the strength of your case and the quality of the offer.
Answered on Mar 27th, 2013 at 3:45 PM
James Edward Smith
If the DWI is valid take the deal as possession of a controlled substance is a felony. DWI is a misdemeanor.
Answered on Mar 27th, 2013 at 3:15 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get an attorney, explain all of the details and your past record, get and then follow that opinion.
Answered on Mar 27th, 2013 at 2:12 PM