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Arrested Friday night for DUI 1st offense. Passed the field sobriety but blew .157.

Lehigh Acres, FL |

Is that a high amount over the limit? Will liscene be automatically suspended?

Attorney Answers 7

Posted

That is about twice the legal limit. Yes, that is high. Thankfully, this is your first offense. Sit with an attorney to determine your defenses.

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Posted

Confer with FL local counsel.

Hire a lawyer to protect your legal rights.
Jeffrey J. Estrella, Esq.
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Posted

Yes and Yes. Contact a local criminal defense attorney ASAP for a free consultation. Do not discuss your case over the internet.

Scott Moorey

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Posted

As others mentioned, yes, .157 is significantly over the limit. If convicted of a DUI with a reading .15 or over, additional penalties including a heightened fine and a mandatory ignition interlock device will be imposed.
Yes, the license will be automatically suspended administratively. You may challenge that suspension by filing a petition for a formal review hearing within 10 days of arrest.
Contact an attorney to do so.

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Posted

Yes, this is approximately double the legal limit. You need to immediately consult with a criminal defense attorney. You only have ten days to attempt to prevent the DHSMV from suspending your license. My firm offers free case consultations regarding cases in your area. Good luck.

This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney advertising. Rather, it is offered solely for informational purposes. The facts of each case are different and unique, it is critical to consult with qualified counsel with whom information can be shared and assessed under attorney-client privilege, so that competent and quality advice can be obtained on which you can make informed decisions

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Posted

One other comment. You could not have "passed" the field sobriety exercises and blow a 0.157. You would never have blown that if you had "passed." Before the officer can even ask you to blow in the breathalyzer, he has to have found "probable cause" to arrest you for DUI. He could only do that if he believed you "failed" the FSE. So, you may think you passed, but the officer though you failed.

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2 comments

Asker

Posted

No I passed the field sobriety. He said he could smell alcohol on my breath and asked me to take the breathlyzer

Don Waggoner

Don Waggoner

Posted

Okay. But get a lawyer ASAP.

Posted

I am sorry but I have to agree with the other lawyers here that you cannot have passed the field sobriety test, otherwise the officer would not have asked you to take a breathalyzer test, additionally, the field sobriety, like the Star Trek Spock test, is meant to be failed. The amount is way over the limit and it could be conducive to enhanced penalties, so you should consult a competent DUI attorney immediately. Your license will be suspended but there are ways to get it back but time limitations are strict.

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