Can I take any legal action for the court sentencing me for a BAC of .16 when I never took a breahalyzer test.

Asked over 1 year ago - Rockford, IL

I was sentened to 6 years for a DUI. I was released and ordered to undergo substance abuse. During my interview to determine how many hours I would receive it was pointed out to me my mittimus stated I had a BAC of .16. The problem is I never took a breathalyzer test. They never mentioned that in court or my PD never said a word. They did rush me throught the system in less then 90 days and my PD said that was the only deal that I would get-now I know why.

Attorney answers (4)

  1. Ted Harvatin

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . No

  2. Rafael Schwimmer

    Contributor Level 8

    5

    Lawyers agree

    Answered . I suggest that you retain an attorney to review the police report and, if necessary, interview the officer who arrested you. Concerning your 6 year sentence that is the period of time your sentence is suspended while your on supervision. It is difficult for me to believe you we're sentenced to 6 years of incarceration on a DUI.

  3. Judy A. Goldstein

    Contributor Level 20

    3

    Lawyers agree

    Answered . Clearly there is more to this story than the facts presented. This could not possibly have been a first offense, or there was a serious accident - something. We do not have the whole picture, even with the alleged error in the BAC facts.

  4. Eugene Andre Ahtirski

    Pro

    Contributor Level 14

    4

    Lawyers agree

    Answered . As other attorneys have pointed out, the answer is NO - and whether or NOT you actually had a .16 BAC; the fact is that you were convicted and/or agreed to a plea deal. Therefore, you are subject to ALL terms and conditions of probation. If you are still uncomfortable about the fact that a .16 BAC is appearing, you may want to seek to obtain a copy of the underlying arrest report to determine HOW that conclusion was reached...

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