QUESTION

What can I expect if I was charged with DWI, reckless driving, failure to stay in lane, refusal to take breathalyzer?

Asked on Apr 14th, 2013 on DUI/DWI - Michigan
More details to this question:
I was on my way home, after celebrating my birthday and had a minor car accident. A cab that had come by had offered to call the police. When they arrived, I tried to explain what happened. I was not in the car when police arrived and there were no witnesses. I was made to take sobriety test, which I failed because I have a knee injury, torn ACL. I was clearly upset and shaken up from accident. I don't recall being asked to take breathalyzer test. At the time, I remember I could barely breathe. I was that upset. I was put in a car, never read my rights until I was locked in a cell. This is my first time ever dealing with this. Iโ€™m 49 years old with no record ever of getting in trouble with the law.
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7 ANSWERS

Criminal Defense Attorney serving Bloomfield Hills, MI
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You need to hire experienced in defending drinking and driving offenses. If you don't know of one.
Answered on Apr 17th, 2013 at 7:53 PM

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Michael J. Breczinski
Well I would want to see the police reports in order to properly advise you. But it may be worked out. You want to get a good lawyer.
Answered on Apr 17th, 2013 at 7:46 PM

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Criminal Law Attorney serving Worcester, MA at Gregory Casale, Attorney at Law
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Not every DWI case should be tried. However, from what you report, it sounds like a case that should definitely be evaluated for trial by a good criminal defense lawyer who has experience with trying DWI case. I try many of these cases and the most important issue is usually the breath test. If the defendant takes the test and it is properly given and admitted into evidence it is very difficult to overcome. In your case, you have no Breath Test evidence and possible an issue with operation, two of the three elements that the Commonwealth must prove beyond a reasonable doubt to convict you. If you would like to call to make an appointment there is no fee for the consultation. My numbers are listed below. I strongly urge you to speak to me or another lawyer. You do not want to plead guilty to a charge that you could beat.
Answered on Apr 17th, 2013 at 12:42 AM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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For starters, by refusing the breath test, whether you are found guilty or not of the DUI, you are going to loose your license for a minimum of one year. This suspension is by Department of Licensing, not the court. If you are guilty of the DUI, it is punishable by up to a year in jail and a $5,000.00 fine. First time offense has a mandatory minimum jail time of 2 days (non waivable),Fines, costs and assessments of approximately $2,000.00; ignition interlock on your vehicle for one year after the one year license suspension is up and your license is reinstated; alcohol/drug counseling and treatment as determined by the court; SR22 high risk insurance. Reckless Driving is also punishable by up to a year in jail and a $5,000.00 fine. Failure to stay in lane is punishable by up to 90 days in jail and a $1,000.00 fine. You can also be liable for property damage you caused. As you can see, you are looking at some serious issues.
Answered on Apr 17th, 2013 at 12:40 AM

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You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license from a long refusal suspension. Refusal cases are more serious, but more defensible, provided you hire someone who knows what he is doing.
Answered on Apr 16th, 2013 at 10:34 PM

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Domestic Violence Attorney serving Denver, CO
Partner at 5280 Law Group
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In Colorado, even on a first offense, you should anticipate losing your license for at least a year through the DMV for refusing to submit to an express consent test. As for the DUI, depending on the facts, you may have some legal defenses to the charges. In order to assert these defenses you would have to take the case to a jury trial. DUI prosecutions can be difficult when there is an absence of a alcohol and/or drug level. It would be well worth your time and money to retain a local DUI attorney.
Answered on Apr 16th, 2013 at 10:26 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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My best advice would be that you should engage in attorney immediately, and speak with no one until after you have received counsel. The charges against you are very significant and will potentially, in fact most probably, result in the suspension or revocation of your driving privileges. Engage in attorney now.
Answered on Apr 16th, 2013 at 10:25 PM

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