The only way for me to competently answer your question is to speak with you in my office and perhaps obtain a copy of the police reports and test result records.
In Hawaii, you should not assume that just because you were arrested that the government can prove their case. Hire an aggressive attorney who won't roll over. If you are committed to not pleading guilty and making the government prove their case, hire an attorney who will fight for you.
I never recommend that a client plead guilty until all the facts are known. Depending on many factors, including your blood alcohol level, a good attorney may be able to have the DUI charge reduced and/or get a deal for you where you would not have to spend any time in jail and not have to jump through too many hoops. Whether you should get a court appointed attorney or a private attorney is up to you. But you should have an attorney represent you.
How long do you want to spend in jail? Do you want to pay the maximum fine? Do you want to incur the maximum penalties? OR . . . Do you want to have the matter handled by a professional DUI attorney that can get you the best deal possible (even if you are guilty?) Your choice.
You should have an attorney check the reports and the procedures of the police etc to make sure they did the right things in the right way. If you are eligible for the appointment of any attorney then apply and get one. If you hire an attorney to check it out. It is too important for your future not to try and see if they have all the necessary proof to win their case. In the meantime, take steps now to change your lifestyle and drinking habits so that this will never happen again. If this is an Eastern WA state ticket and you need an attorney contact me if you don't get a PD.
You should almost always plead not guilty and discuss your case with a skilled lawyer. The prosecutor and Court will be delighted to have you change your plea to No Contest or Guilty later. In the meantime, your lawyer might discover an error in the proceedings which could work in your favor, either by leading to dismissal, or by getting armament for a better plea bargain.
It is always better to speak to an attorney before deciding to plead guilty to an offense. It rarely does one favors to simply take the initial plea. I would even urge you to consider hiring an attorney.
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