Actually, she's an adult at 18. She can be charged with a regular DUI if she is .08 or higher. She can be tried for a minor dui id under 21 years of age and over .02. Basically, anyone with a bac over .08 will be charged with a regular dui.
It could be minimum 45 days jail if the State can prove an aggravator. A medical condition can get you out of the jail time. Also, a deferred prosecution does not need to serve the jail. If you win a dismissalcon motion or not guilty at trial you do not need to serve jail. Your previous case has 5 years jurisdiction so you also face a minimum 30 day revocation there also. That can be converted to house arrest.
At your service,
Field tests need to be voluntary or the results are suppressed. Perhaps without the fields the Officer cannot justify arresting you. If not, the breath test is suppressed. That would not leave much evidence of a DUI. But is cutting off an Officer reckless?
Ms. Campbell gave you a comprehensive answer on how to obtain the requisite records on your own. This is a situation where a lawyer is absolutely necessary ... unless your daughter wishes to pursue the deferred prosecution option. That she can do on her own and/or with the assistance of the public defender.
No one wants to say that based on the information you provided it is not likely at all. However, there are numerous facts that a skilled defense attorney can use to get a case dismissed that are not addressed in your summary that it is impossible to determine. This is why you need to consult with an experienced dui defense attorney.
You'll want better than good. You need the best. His range depends on history, weapons or firearms, aggravators and many other factors. You are better researching your lawyer first then asking him/her all of your questions.
At your service,
All the evidence that the prosecution intends to use against you along with any evidence in their possession tending to disprove your guilt. Your friend should ask his lawyer these questions for a more case specific answer.