QUESTION
What can I do about my DUI charge since if convicted I could lose my nursing license?
Asked on Sep 10th, 2013 on DUI/DWI - Michigan
More details to this question:
I received a DUI and I am a nurse. I was pulled over on July 5th, asked if I had been drinking, then asked to blow. The officer didn't tell me what I blew, then had me do the field sobriety tests. He said that I passed all of them, and to blow again. He said that the first time I blew it was a .09, and the 2nd time was a .08. Then he said, that since I passed the field sobriety tests, he wasn't going to give me a DUI. Yesterday (Sept. 9th) I received a letter from the court saying that I am being charged with a DUI. It has been over two months since the incident, and now I'm being charged. Can they do that? Also, since I'm a nurse, I might lose my nursing license (this is my first DUI) if convicted, so I was wondering about the possibility of getting a wet and reckless?
11 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You will have to check with your nursing board.
Answered on Oct 31st, 2013 at 6:09 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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I handle many DUI cases. If you passed the Field Sobriety Tests (FSTs) but failed the Breath Test (BT) at .08, you can certainly be charged for DUI. However, it sounds like a case I typically beat. That is no guarantee by any means since only the judge or jury makes the ultimate decision. However, only the lower of the two scores can be admitted into evidence, therefore in your case, the .08. This is technically a failure and a jury or judge can certainly find you guilty on this alone for the .08/Impaired Operation element of the DUI statute (in Massachusetts it is actually OUI, which is an acronym for Operating Under the Influence). I assume you were arrested in Massachusetts as you checked that off in your question.
Answered on Sep 12th, 2013 at 11:33 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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You need to hire a lawyer. A good DUI lawyer. You need to fight your case. A .09% or .08% is incredibly winnable. When the stakes are high, remember if you think hiring a professional is expensive try hiring an amateur.
Answered on Sep 11th, 2013 at 8:09 PM
Personal Injury Attorney serving Atlanta, GA
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Anthony Overton Van Johnson & Associates, P.C.
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You should immediately retain the services of an experienced attorney. If the arresting officer was a DUI task force officer, there should be a video of the incident. You need an experienced attorney to go to bat for you right away. You cannot afford to drag your feet on this, if as you say, you can't afford to have a DUI conviction on your record. Feel free to read my blog posts on DUI stops, evidence and procedure for more information.
Answered on Sep 11th, 2013 at 7:47 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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You have a lot at stake, much like a person who needs medical attention seeking it on the internet, you should seek legal advice from a lawyer. Your fact pattern is somewhat odd, I can't determine if you ever provided an implied consent test (a chemical test after arrest) if you didn't then there are problems with the DMV case against you and probably the court case too. Simply because the police don't think you will be charged doesn't guarantee you won't, unless they don't turn in any paperwork/reports regarding their contact with you. The prosecuting agency makes decisions regarding what charges are warranted based on the evidence provided by law enforcement. If you haven't heard from the Nursing Board already, you will, a skilled DUI defense attorney can help you with the DUI charge and some can actually help with your nursing license or at least send you to another lawyer who can.
Answered on Sep 11th, 2013 at 7:47 PM
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You should retain a local DUI attorney. It is permissible for them to charge you after the date of the incident, regardless of the what the officer told you. Disclaimer: The response to this email does not constitute or create an attorney-client relationship.
Answered on Sep 11th, 2013 at 7:46 PM
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I would be happy to discuss your case with you. The statute of limitations on DUI is 18 months, so they can. But, their actions may have prevented you from getting exculpatory evidence. There may be other problems. In Colorado, 0.08 and above is DUI and 0.05 - 0.08 is DWAI. In response to your DUI Post: I am a criminal defense attorney with more than 15 years experience on DUI cases. If you would like to discuss your case, please contact me. Some important information- If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Request a copy of the Expressed Consent Packet. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
Answered on Sep 11th, 2013 at 7:46 PM
You need to hire a DUI specialist. You should aim higher. A wet reckless may not be as good as you can get.
Answered on Sep 11th, 2013 at 4:01 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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First of all, yes, you can be charged two months later. That is not at all uncommon. It is up to the prosecutor to file the charges, not the police officer. The facts, as you have set forth (BAC of .08 or above), and if the BAC is functioning properly, means you are guilty of DUI, regardless of how you performed on the field sobriety tests. Can you get a reduction in charge? Without reviewing your case file and the police reports, I have no way of knowing. With so much at state, I would be hiring an attorney.
Answered on Sep 11th, 2013 at 1:56 PM
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It sounds like you have a good case to fight the charge. If you passed the field sobriety tests, a jury may believe you were not drunk. It also helps that the breathalyzer said you were right at the legal limit. Hire an attorney to help you fight it, and, yes, it may be possible to take a plea for a reduced charge.
Answered on Sep 11th, 2013 at 1:30 PM
Criminal Defense Attorney serving Bloomfield Hills, MI
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Law Offices of Marshall S. Tauber
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Are you located in Michigan? A "wet and reckless" is not a term commonly used here. I understand what you mean however. The fact that the officer did not issue you a ticket & take you into custody on the spot is one that may work in your favor. You need to retain experienced defense counsel to discuss each & every fact surrounding your case. No one can give you a truly reliable answer without knowing much more that just what you have briefly described here. Your chances for a reduced plea may appear fine on paper but they must be analyzed by someone that knows exactly what to do and when to do it. I caution you not to rely on "free" internet inquiries or "free" telephone consultations alone you get only what you pay for and I would only trust advice from a source willing to spend the necessary time with you to become as fully informed as possible. This is a potential conviction that stays on your record for life so proceed with care and caution in the selection process.
Answered on Sep 11th, 2013 at 1:13 PM