I had a dinner and some sangria with a friend the other night. I was pulled over (less than 300 ft!) for not having headlights on. I thought I did fine with FST even though I was wearing high heels. However, I was arrested after denying to use a breathalyzer because according the officer, I had bloodshot eyes and smelled of alcohol. At the station, I did the BAC test twice, and one came out to be 0.057. I don't remember the second number exactly, but it was close. He charged me with DUI Impaired To the Slightest Degree. I want to fight the case and have the charge dropped. I get bloodshot eyes often because I have severe allergies (I get an allergy shot every week). Plus, I had been up since 4am and worked for 12 hours in front of a computer. Do I have a decent chance if I hire a lawyer?
You need to fight this case. If you did blow so low, my belief is that you only blew into a portable breath testing device which really is only a gauge to see if someone has consumed alcohol. Once alcohol is detected, the officer will usually arrest the person and then get a blood sample. The actual blood test result will be upto 30% different than the portable breath test. Long story short, you're going to need to fight this case.
I agree with my colleagues when they say you have a defensible case. A decent DUI attorney should be able to help you. While getting a DUI dismissed is never a simple task, the facts of your case as you describe them should help you immensely. If you cannot afford one, ask for a public defender.
You have a good case. How the State tries to prove "impaired to the slightest degree", without a test that is over the limit, is they look at the other factors surrdounding the stop, FSTs, and arrest.. How bad was the driving? Did you swerve, almost cause an accident? When he pulled you over, did you have any trouble locating your documents? Did you have any trouble exiting the car? Did you have any trouble walking back to the FST area? Did you understand the FST instructions and appear to respond correctly. Then, of course, there are the clues exhibited or shown on the FSTs. Did you show them all? How many? some? Bottom line: you have a defensible case, but it will take a tough, experienced, DWI attorney to win it. Chip Venie, 505 766 9000.
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