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

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. 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.


  2. 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...


  3. 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.

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