QUESTION
What can I do and expect for my DWI 1st offense?
Asked on Jan 02nd, 2013 on DUI/DWI - California
More details to this question:
On New Year’s eve I had two beers while at home. Left to pick up my drunk mother from the bar because I was not drunk and had no clue two beers could make me blow over. Went through a check point and due to the smell of alcohol coming from my drunk mother in the car, ended up blowing a 0.11 at the jail do to my second beer being with in 30 min of being pulled over and how tiny I am (that is what the cop was saying at least) and was arrested for DWI. It’s my first offence, I am 26 and have never been in trouble before and have only had one speeding ticket, which was years ago. I have no clue what I'm looking at if found guilty or if I should get a Attorney and fight it, or if I should take the initiative and take some kind of drunk driving class to show that I'm sorry and had no clue two beers would make me blow over before my court date or what I need to do.
6 ANSWERS
Michael J. Breczinski
I would both take the classes and fight the matter. For someone who weighs 150 two beers (12 ounce beers, not jumbos) would give that person about a .04 BAC. This is not enough.
Answered on Jan 10th, 2013 at 4:47 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Jan 10th, 2013 at 4:46 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I am sorry for your situation, but you need to engage an attorney and take their advice.
Answered on Jan 10th, 2013 at 4:45 PM
Gary Moore
Taking a class is a nice thought, but it has nothing to do with resolving your DUI problem. You need to hire an attorney to help you evaluate your case, including the records of your arrest and the breath test and the propriety of the circumstances of your vehicle being stopped by the police. You may have a defense to the charge based on the illegality of your vehicle being stopped by the police or some factor which would cause you to suffer a false breath test reading. Otherwise, kiss your driving privileges goodbye for three months to seven months.
Answered on Jan 10th, 2013 at 4:45 PM
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Jan 10th, 2013 at 4:43 PM
It sounds like you might have a defensible case considering your drinking pattern. Your blood alcohol content was likely rising. You should have an attorney review your case.
Answered on Jan 10th, 2013 at 4:43 PM