Swerved off the road but did not hit anything. Stopped to check my tires. Someone came out to help us. I checked my back tire and then drove off. I believe this person called me in either because he suspected I had been drinking or because he thought I needed assistance. Went to the gas station to fill up my car. Police officer pulled up behind me as I was about to put my credit card in the machine. He asked me to come with him and then he administered the field sobriety test and a breathalyzer test (level .140). He then asked to search my car which I agreed to. Found one bottle completely empty and two closed beer cans in the trunk. Asked me a few questions (did not read miranda rights at any time). Upon seeing my breathalyzer reading I was placed under arrest and given a blood test at the hospital. I do not know what that level was. I was breathalyzed again at the station at .131. I was then put in a cell until my bail was paid that night. They did not take my license and I was charged with DUI and open container. I do not have any other violations on my record (not even speeding). I was kind and courteous to the police (if that counts for anything). Given this information, what options do I have? Thanks in advance.
There are a lot more issues in a DUI case besides the BAC. A wet is always possible, but you need to make sure you hire a DUI specialist who has a proven track record.
Your chances of getting a wet reckless based on the facts you have provided are slim. Get a lawyer to help you. Many of us on Law QA provide a free consultation.
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