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There's no way to fight this. I failed the breathalyzer. Just wondering if I'll lose my license. If I lose it, then I'll lose my driving job (delivery driver for restaurant). What kind of things should I say to the judge? Can I propose probation with community service? Should I tell the judge that I have a driving job and can lose it all if I lose my license?
12 ANSWERS
Michael J. Breczinski
First of all get a lawyer. There may be a way to fight it. . Maybe there can be something worked out to a lesser charge. The suspension is based on your driving record.
Answered on Mar 01st, 2013 at 6:47 PM
John J. Carney
First of all, you don't talk to the judge, your pubilc defender or retained lawyer address the court. Second, you will probably get a DWAI violation with a 90 day suspension unless you had a high BAC or accident and then you will get a DWI misdemeanor with a 6 month revocation. You may be able to get a hardship or conditional license but that will only allow you ro go back and forth to work and school, you cannot drive around all day or work as a delivery person. The judge does notcase if youlose your job, he will not allow you to drive and you may have to get an ignition interlock device. The fines are going to be around $500 or more with the surcharge and the ignition interlock device if required is over $1,000.
Answered on Feb 28th, 2013 at 4:12 AM
James Edward Smith
Yes, but you can get it back shortly with a hardship application.
Answered on Feb 27th, 2013 at 8:47 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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You would be surprised that DUI's can often successfully be fought even when things don't look promising at the start. The chances of fighting a DUI successfully increase tenfold with an experienced DUI attorney. If you are convicted of a DUI in California, your license will be suspended automatically. The time frame depends on certain factors, and getting a restricted license may be a possibility. I would need to know a lot more about your case to advise on what to expect. For example, are you over or under 21 at the time you were arrested.
Answered on Feb 27th, 2013 at 8:43 PM
Divorce & Separation Attorney serving Jackson, MS
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Springer Law Office PLLC
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Yes, your license will be suspended for a first offense DUI conviction. The judge will most likely not care about your personal life. Dont think simply failing the breathalyzer will cause you to lose the case. A competent DUI attorney may be able to find a reason to have the results thrown out. If you are going to lose your job over a conviction, you may be wise to hire an attorney to defend you.
Answered on Feb 27th, 2013 at 3:28 PM
Geoffrey MacLaren Yaryan
In California you will lose your license for a period of time. However, you will be allowed to get a restricted one to drive to and from work, or while working after a 30 day complete suspension if you participate in a alcohol program.
Answered on Feb 27th, 2013 at 3:27 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Yes you will lose your license. You need to hire a lawyer. You cannot represent yourself.
Answered on Feb 27th, 2013 at 3:27 PM
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In Utah, a 120 day suspension of your license is pretty much automatic. However, that is not to say there is no way to fight the charge. Police officers have to follow certain protocols and if they dont, then you may get the charge dismissed. Also, breathalyzers are not 100% accurate. Nothing is as accurate as a blood draw. If you were close to the legal limit, it may be worth fighting. Talk to a lawyer and see.
Answered on Feb 27th, 2013 at 3:27 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Yes on all of your questions. I would suggest you seek representation to minimize you damages.
Answered on Feb 27th, 2013 at 3:26 PM
For your info, in a DUI prosecution, everyone fails the breath test. Thats the starting point of a DUI case. If everyone had no chance because of that, then I would have been unemployed a long time ago. You need to hire a DUI specialist pal, and do it soon because you have only 10 days to save your license.
Answered on Feb 27th, 2013 at 3:26 PM
Criminal Law Attorney serving Melrose Park, IL
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The Law Offices of Carlos H. Davalos
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You won't lose your license if you mount a successful challenge at a license rescission hearing. Contact an attorney.
Answered on Feb 27th, 2013 at 10:02 AM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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You probably should consider hiring an atty.
Answered on Feb 27th, 2013 at 10:02 AM