I received a 3rd degree DUI. I drank 3 glasses of wine and 3.5 hours later not even drunk or buzzed was pulled over and blew .17

Asked about 5 years ago - Savage, MN

I had split a bottle of wine with 2 of my friends before we went out to the movies. We drank the wine at/ around 8:30pm and at midnight I was pulled over for speeding. The officer asked me if I had anything to drink and I told him yes, I had some wine hours before. I was not worried as I was not drunk or felt any traces of alcohol in me, plus I am of age. I passed all the field sobriety tests but when I blew it came back as .178. I was shocked! I asked him if his machine was broken. I was cuffed and brought down to jail. (Funny thing is my friend drove my car home and he blew all 0's and he's a smaller guy and drank the same amout as me) Back at the station I blew a .09. How is that possible? i did the alcohol calc. and it shows I should have been around a 0 to a maybe .04. I Wasn't drunk!

Attorney answers (3)

  1. Thomas C Gallagher

    Contributor Level 17

    Answered . There are a few possibilites. You could discuss these with an experienced DWI defense lawyer. PBTs can be off by 50%, even when not broken. It's important to serve and file a Peition for Judicial Review to the so-called inplied-consent license revocation well within the 30 day deadline for doing so - or it will forever be too late! A DWI defense lawyer can help you do that. With a lawyer's help you might be able to keep it off your record, and save substantial amounts of money.

  2. Maury Devereau Beaulier

    Contributor Level 20

    Answered . Thank you for the post.

    If you had a Blood Alcohol Content over .20, or if you have a second DWI within 10 years of a first, you were charged with a third degree offense. This is very serious and carries with it maximum criminal penalties of one year in jail and a $3000 fine. If convicted there are also mandatory minimum penalties of $1000 and 30 days in jail. Different Judges give different sentences. As a result, understanding your Judge and knowing how to change Judge's can be an important part of the process.

    There is also a civil case that results in the revocation of your driver's license. On a third degree offense, you may be revoked for up to six months. This is a separate case even though the challenges are largely the same. In order to challenge you license revocation, you must seek a judicial review by filing a petition within 30 days of the offense.

    There are also additional consequences to a conviction including skyrocketing insurance rates, plate impoundments and sometimes vehicle forfeitures.

    There are many challenges to a DWI. Officers must follow very specific steps as part of the arrest. If any one step is missing, the case may be dismissed.

    Certainly, breath testing machines are nt always accurate. They have been challenged recently. What is compelling, on April 30, 2009, the Minnesota Supreme Court issued a decision related computerized source codes of breath testing devices that has added a new facet to the DWI defense attorney's ability to seek a dismissal of DWI charges by suppressing any breath test results.

    Other points of a defense anaylsis include:

    · Reasonable Suspicion. The officer must have reasonable suspicion to believe a specific crime has been committed in order to stop a person. If that reasonable suspicion is lacking the stop and the ticket may be invalid;

    · Probable Cause to arrest and charge. The officer must make sufficient observations to form a basis for probable cause to believe that you were operating a vehicle while intoxicated. Oftentimes, officers perform field sobriety tests incorrectly making the arrest invalid;

    · Procedures at the Station. The officer must follow very specific procedures at the station including reading and recording an Implied Consent Advisory that informs you that you have a right to a lawyer. If any of the steps are omitted, the charges may be dismissed;

    · Test Procedures. Testing methods to determine blood alcohol concentrations are imperfect at best. Like any scientific method, any test result has a margin of error. If the machinery is not properly maintained and even if it is properly maintained, the test results may vary from true Blood Alcohol Concentration. A sufficient variation may result in a reduce charge or no charge.

    I have more than 17 years of experience in defending against DWI charges. We have affordable legal fees and provide aggressive representation.

    Call for a FREE Consultation call us at 612.240.8005 or visit dwicounsel.com

  3. Theodore W. Robinson

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . You need a good attorney to defend you and your case. There is a likelihood that you were not intoxicated and that the breath tests you were given were inaccurate. However, it takes an experienced attorney who is familiar with this area of law to champion your cause. It won't happen on its own.

    If you are young, get your parents behind you and fight this case. Its worth not getting convicted for something you didn't do.

    Good luck.

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