When I was pulled over, the cop said something like the car smelled like booze. I said go ahead and give me a breathalyzer because I only had one beer while I was out with friends watching the games. I know that I blew under a .08 and yet I got a ticket for suspicion of DUI. What am I supposed to do? Can I fight this thing?
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. I strongly 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.
You can fight it, and because there is at least some mandatory jail time for a conviction for OWi-2nd, you will probably want to do so. You can be chargedand convictedof OWi (=DUI) if your driving is impaired due to an intoxicant. A BAC over .04% may be used in evidence, even if you are not charged with having too high a BAC. You would really benefit from consulting a good lawyer.
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license from a long suspension, not to mention mandatory jail.
Get a lawyer of your choice to represent you. He/she will probably be able to convince the prosecutor that they should dismiss your charge due to the results being less than the statute minimum level .
There are defenses available from lack of probable cause to improper test of the breathalyzer. Plan on spending about $2,000.00 to defend, but if you don't your insurance rates will go sky high.
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