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Do I need an attorney to represent me in a DUI "less safe" case? Can't I plead not guilty?

Duluth, GA |

I was pulled over for speeding and had a blood alcohol level of .075

Attorney Answers 6


You should always hire a DUI attorney especially in a case like this where you have a chance for a good outcome. A competent and experienced DUI attorney can examine the individual facts related to your case and can advise you of your legal options before you enter a plea.

If you have any further questions about this or any other topic, please feel free to call me at 404-923-0446. All initial phone calls are free. By answering this question, there is no established attorney/client priviledge with Rohan Law, PC. Therefore you cannot rely solely on this information to form the basis of a legal opinion regarding your rights and responsibilities. If you believe that your case requires additional attention, you should contract an attorney to represent you directly.

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You can plead anything you want to plead. These are not do-it-yourself cases. I am answering this as someone who you cannot hire. You want a lawyer. You need a dui defense lawyer. You certainly can be convicted based on what you have said even though it seems very unfair.

Often people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial.

That you have been charged or that some contraption says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you can be proven guilty using competent, valid evidence.

Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered!

After even a first drunk driving conviction, you may face employment discrimination. You will certainly be charged higher for insurance. Having such a conviction will also make you a target for drunk driving arrest in future interactions with police. You will automatically become a suspect.

You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses.

That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving.

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Thank you.

--- Experienced DUI/DWI/OWI/Drunk Driving Lawyer in Madison, Wisconsin

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Confidential information should not be disclosed in this Internet forum.

I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.

If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.

To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.

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Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.

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1 comment

Cory Earl Yager

Cory Earl Yager


Though the .075 blood test is under the .08 per we limit, the stat can and will most likely proceed on the theory that you were rendered less safe to drive as a result of the alcohol you consumed. An experienced DUI attorney will help you to understand and fight this charge.


Yes, in a matter as complicated and with such far reaching consequences as DUI, you should definitely have a lawyer represent you. Yes, you can plead not guilty, but then the real work of investigation, negotiation, and discovery/motions practice begins. You should speak with an experienced DUI attorney as soon as you can.

That being said, it sounds like you will have a very good case to fight. My office is in Gwinnett County (Lawrenceville) where I was a DUI prosecutor before moving to the defense side. I have time this week to meet and discuss your case if you would like to call and make an appointment. 678-636-9224

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100% you need a lawyer. The state will be represented by a prosecutor who is a lawyer whose job is to make sure you are found guilty and of course the cop will also not be on your side. Without a lawyer you have no one to fight for your rights. Call me at 404-812-4305 if you want to discuss your case in detail.

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You can always plead not guilty, but you will still need an attorney to help in your defense. DUI is a very technical law. On a less safe DUI, the prosecution only has to prove that you had alcohol in your system and it impaired your driving ability. In your case, the officer will probably base his testimony and opinion that you were less safe based upon observations made by him during his initial encounter with you and during your completion of field sobriety tests. This tests are performed and graded using National Highway Traffic Safety Administration (NHTSA) standards. Experienced DUI attorneys are familiar with the standards and the mistakes that officers commonly make in executing these tests. You need a lawyer to help with your defense. Call me if I can be of assistance.

Allen R. (Rusty) Knox
125 TownPark Drive, Suite 300
Kennesaw, GA 30144
(678) 334-1399

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If you plead not guilty you will be scheduled for trial up against the Solicitor or District Attorney who will be well versed in Criminal procedure and evidence which is needed to present or in your case defend you charges. If you are charged with a less safe DUI, you may have defenses available. As such, you stand too lose a lot if you mishandle your case. It is highly recommended that you consult and retain a DUI attorney for your charges.


This response is for general information only, no attorney client privilege has been established by this communication.

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