Your chances of getting the charges dismissed or reduced are good. BUT you HAVE to be prepared to fight the charges. The best way to get it dismissed without having to go to trial is by utilizing two cases: Schmerber v. California and McNeely v. Missouri. This is done by filing a motion to suppress the blood draw because (1) it lacks fourth amendment consent to the intrusion and (2) because it was not performed in a medically approved manner. The other way to fight the charges is by taking your case to trial. This involves hiring a lawyer and having her/him hire an expert who can testify that you were probably not under the influence at the time your were driving. This defense has to do with the science of alcohol absorption in the blood. A process that can take up to 6 hours on a full stomach. So if your blood was .14 at midnight it could have been significantly less at the time you were actually driving. There are also serious problems with the blood testing cops use.
Answered on Jul 24th, 2013 at 8:57 PM