Jasen Bodie Nielsen’s Answers

This is a complicated question requiring a much more thorough analysis of your case. Assuming the forced blood draw was part of a DUI case, the law has changed significantly recently. The bottom line is that you need to consider firing your current attorney and hiring another. Based on what you've described, it certainly sounds as if you have a chance. Good luck. Jasen Nielsen

If you have an attorney, ask them. With that being said, what would you hope to gain by doing so? Jasen Nielsen

If he was released from custody without an INS hold being placed on him, and it sounds like he was, that is good news. His best chance at avoiding deportation is to hire a locally experienced DUI attorney and staying out of custody. The attorney will have the authority to go to court on his behalf. Good luck. Jasen Nielsen

I'm assuming that the pre-trial court date has yet to happen. When you get to court, there will almost certainly be a DA assigned to your case, at least for that day. At this point, I wouldn't read anything into it - just chalk it up to government inefficiency.

Not all breath tests offered in the field are PAS test, and he may have provided an evidential breath test sample with a portable device. I would certainly suggest consulting with a locally experienced DUI attorney to review every aspect of your case. Hiring one will give your husband the best chance of beating the case and/or mitigating the charges and punishment he is facing. Good luck. Jasen Nielsen

I have a few different thoughts. First, and most importantly, it is imperative that you consult with a locally experienced DUI attorney. Most will offer a free consultation and some will charge fair prices with reasonable payment plans. The fact that this is your first offense will work in your favor. However, unless there is some way to attack the case against you, in my experience a wet reckless is unlikely given your BAC, and a dry reckless is even less likely. All that may chance if there...

You should definitely consider hiring a locally experienced DUI attorney. With a 0.19, it's not necessarily just the fines that will be enhanced, as some counties seek additional punishment with an alcohol level above 0.15%, including jail time, mandatory AA classes, and a longer, more expensive alcohol schoo. Hiring an attorney will give you the best chances of beating the case and/or mitigating the charges and punishment you are facing. Most will offer a free consultation, and some will...

You need to deal with this sooner rather than later. It will only get worse with the passage of time. A locally experienced DUI attorney may be able to have you re-referred to the alcohol school without you having to be present in court. Good luck. Jasen Nielsen

There is no "and". It is a "wet reckless". If you plead, then it is going to be very difficult to now go and withdraw your plea. It's not clear if you had an attorney, but if you did, I hope you were able to ask all of your questions before you plead. In a DUI arrest, Miranda rights are rarely read, as most of the evidence has been voluntarliy given before arrest. The officer does not have to tell you the results of the breath test. In a nutshell, it's almost certainly too late. At this point,...

It's not clear from your question if he is still in custody. If so, he may have an immigration hold. If so, he very well could be deported. If he is not currently in custody, it is imperative that he not go back in to custody. Beyond that, I suggest that you and he consul with a DUI attorney and am immigration attorney. Good luck. Jasen Nielsen