QUESTION
What will happen if I blew a .08 in a DUI?
Asked on Apr 18th, 2011 on Criminal Law - New York
More details to this question:
I was out in the city close to where I live. I usually dont drive out there and dont know the roads and what roads are one ways. I pulled out of the parking lot to the light just a few feet ahead. Apparently I was on a one way street and didnt realize it. I was pulled over and given a breathalyzer and blew a .08 I had told the officer I had waited an hour after my last drink to even drive. Seeing as it was my first offense and I have a clean record, what will be the outcome of my situation? Would a public defender or a lawyer be better to represent? What will happen to my license and what fees might apply?
3 ANSWERS
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You are charged with the crime of driving while intoxicated. We can represent you and strive to have the charge knocked down to a non-crime or dismissed.
Answered on Mar 19th, 2017 at 5:52 AM
Theodore W. Robinson
Because it's your first DUI, and because the reading was just at .08, I suggest you hire an experienced criminal defense lawyer rather than going with Legal Aide. I say this because in many Counties, a DUI with a .08 may be able to be pled down to a non-DUI case and that would be a big benefit for you in many ways. However, it may take an exceptional amount of time to accomplish that and a Legal Aide attorney usually doesn't have that much time available or put that much time into such things, whereas a private attorney will do so when properly paid for their services. Push for a Speeding violation as hard as you can. Good luck.
Answered on Apr 21st, 2011 at 7:33 AM
You should have an experienced criminal defense attorney represent you on this matter. Preferably you should find an attorney with a great deal of experience in DWI cases. The outcome of your case at this point is uncertain. The attorney will have to read through the police reports, speak with the prosecutor and interview you before an outcome can be determined.
Answered on Apr 20th, 2011 at 10:48 AM