Last Tuesday I was following a friend home and when she ran a yellow/red light , I did too as to not loose her. I got pulled over and the police gave me a field sob test of which I failed. Truth is I do think I could do that test at any time as my balance isnt great. I dont feel I was intoxicated but I didnt take the BAT. I /had only 2 beers in 4or 5 hrs, Do I have any chance of getting a lesser charge? What are my chances? Does it matter if I have never been in trouble and I am an A-B college student about to graduate?
Not to scare you but, insofar as you did not take a breath test you now face first offense DUI and Implied consent. Both carry up to 11 months and 29 days in jail. Moreover, if convicted of Implied Consent you will lose your license for one year.
However, there is a small chance that you can get the charged reduced to reckless operation if a proper motion to suppress is granted. Futhermore, even if you plea to DUI you can typically go to a "center" in Smyrna for a weekend and take your DUI courses and victim impact panel. With the right lawyer, you can have a restricted license by the time you show up for your pre-liminary hearing in General Sessions and serve no "jail" time.
Needless to say, you need a good DUI defense lawyer rather, than a PD.
You should have a very good chance of getting this case reduced if you truly only had 2 beers. Hopefully you have witnesses that could attest to this. Prior record and educational background are important.
Vincent P. Wyatt
Hollins, Wagster, Weatherly & Raybin, P.C.
Suite 2200 . Fifth Third Center
424 Church Street
Nashville, Tennessee 37219
Telephone: 615-256-6666 ext 224
To learn more about our practice, please visit our website below:
Before doing anything you should consult with a lawyer licensed in Tennessee. The Standardized Field Sobriety Tests that many police agencies use throughout the country are not fair tests, and they do not simulate anything that most people do in their ordinary everyday lives. An expert can determine if these tests were adminsitered properly by the police. When choosing an attorney, I would look for a criminal defense attorney that specializes in DUI defense, preferably a member of the National College for DUI Defense.
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