so i took the field sobriety tests and refused the field breathalyzer. i got taken down to the station then blew a .093 the first time and a .09 the second time. Am I going to be able to get this conviction reduced?? (i'm 21 btw)
Its very difficult to assess what will happen to a persons case without fully knowing all the facts. However with that being said I have had clients with similar cases that have gotten their DUI dismissed, reduced to Negligent Driving, even reduced to a traffic infraction. It kind of depends on whether there are legal issues in the case and what the Prosecutor is willing to do about them. But based on what you said I think there is an excellent chance you could get this thing reduced. You should probably speak with an attorney to get a further detailed explanation of your options and potential plea deals. Below is a link to my firm which has the results of my last 100 DUI cases defended, which might give you an idea of how similar people have resolved their DUI. Good luck
The answer to your question really depends on the details (the information in the police report, the prosecutor's approach, your attorney's knowledge and skill). However, in general, a case like yours sounds like a good candidate for a reduction.
You should consult with an attorney who is experienced in DUI defense as soon as possible. If you have time, you might consider meeting with several different attorneys to get a sense of what the price range might be, and what different personalities the attorneys will have. In the end, you will want an attorney you can trust.
DUI / DWI Attorney
While it is always difficult to know for certain how a case will result, you do have a couple of things working in your favor. Assuming this is your first arrest for Driving Under the Influence, a first time occurence will be given greater consideration for a reduction by the prosecutor as opposed to having prior convictions. Second, your breath test is just over the legal limit, another factor that is considered by the prosecutor. At the same time, there very well might be issues with the stop, the arrest and the breath test, for example, that could result in a potential dismissal if challenged properly. When a case is close to the line, a good DUI attorney can sometimes take you over that line in your favor.
Under WA law it is optional to submit to the SFSTs (Standardized Field Sobriety Tests) and the PBT (Preliminary Breath Test) in the field. It is wise that you blew the Official Breath Test at the police station, because if you had not blown you would have been facing one year license revocation (if this is a first time DUI) with DOL (Department of Licensing). Pay attention to the 20 days (from date of when you were stopped) that you have to mail in or submit online the request for a DOL hearing. Two fold headache as you can see, the administrative end with DOL and the Criminal accusation. Depending of the facts of a particular case, the reason why you were pulled over, if the stop was on videotape, how the FSTs were administered by the Officer, when your advisement of rights were read, when questions were asked in relations to when the rights were read, the specifics of what took place at the police station, whether the arresting officer stayed with you the entire time, a mouth check was done (odd but required by law), the status of the Breath Test machine and many more specifics do come into play.
Understandable it is ideal to see if there is a glaring Constitutional issue that can be corroborated to have a case be dismissed. Barring that a reduction in the charge is the other goal to work towards getting a simple misdemeanor of a Negligent Driving.