QUESTION
I was charge with DWI without a sobriety test. What can be done?
Asked on Aug 23rd, 2013 on DUI/DWI - California
More details to this question:
The vehicle I was driving left the road and was in a single vehicle accident. I did not substance injury but my car was totaled. I was given the Breathalyzer which registered at 1.1 The police never did a field sobriety test. This is my first driving while intoxicated charge. I have several medical problems and take 10 prescribed medication, including 2 narcotics on a daily basis.
8 ANSWERS
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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You're looking at a DUI prosecution, you need to meet a DUI defense attorney, your situation is way to complicated for this forum. An accident isn't grounds for a DUI arrest, the officer needs more evidence to have probable cause and arrest you lawfully, lawful arrest is required to trigger "implied consent" which is how your blood alcohol concentration was taken, measured and/or analyzed.
Answered on Aug 30th, 2013 at 11:18 AM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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Where did this occur?
Answered on Aug 30th, 2013 at 11:18 AM
Michael J. Breczinski
Yes they can charge you without a field sobriety test. Whether the prescriptions could be a mitigating factor depends on all the facts.
Answered on Aug 30th, 2013 at 11:18 AM
Criminal Law Attorney serving Melrose Park, IL
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The Law Offices of Carlos H. Davalos
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Lack of sobriety test may assist your defense.
Answered on Aug 30th, 2013 at 11:18 AM
Geoffrey MacLaren Yaryan
I believe your test result were .11, not 1.1 because at that level you would be dead. You can be charged without a sobriety test, and the fact you had drugs in your system is not a defense since driving with prescription medications which impair driving makes things much worse for you.
Answered on Aug 30th, 2013 at 11:18 AM
You should retain the services of a DUI attorney in your area. There are potential defenses the charges. Some DUI defenses are for a jury to decide and some are for the court to decide. Contacting an attorney will ensure that you are making all possible law and fact defenses.
Answered on Aug 30th, 2013 at 11:18 AM
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Aug 30th, 2013 at 11:18 AM
Accident Attorney serving Lagrangeville, NY
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Marco Caviglia, Esq.
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You must consult a DWI attorney concerning your matter. There may be a legitimate reason for doing only an on-scene alcosensor test, but it alone is not usable at trial, so that creates a problem for them if that is all they have. Your use of medications and narcotics, albeit legal, are not a help, but a reason for you to be prosecuted for DWAI Drugs, and if you gave them statements to this effect, would provide probably cause for the arrest. You need to discuss this with your attorney.
Answered on Aug 30th, 2013 at 11:18 AM