If I install a breathalyzer in my car and go to AA before my court date for my 2nd DUI, will this help my case?

Asked almost 2 years ago - Napa, CA

My BAC was over .20

Attorney answers (4)

  1. Robert Laurens Driessen

    Contributor Level 20


    Lawyers agree

    Answered . It will help but not change a lot of what will go on in court. What you need is a very good attorney that knows the court and DUI laws.
    Robert Driessen

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated... more
  2. Jim Mitchell Medley

    Contributor Level 15


    Lawyers agree


    Answered . These measures will help you to stay out of trouble, and probably help you get your life straightened out.

    If you were upright and driving at a .20, then it was not your first rodeo. The prior DUI is a strong clue too. I'm surprised the court is not requiring the interlock and AAs.

    These are a good idea, even if the court doesn't give you any consideration. Consider professional counseling too.

    Good luck.

  3. Matisyahu Wolfberg

    Contributor Level 11


    Lawyers agree

    Answered . Everything you can do to show the prosecution that you are taking this seriously , will help you.

    Matisyahu Wolfberg
    NY Criminal defense Attorney

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] I am licensed to practice law in the States of New York and New Jersey. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship. Please speak with a local attorney to discuss your potential legal issue

  4. Joshua Paul Shelton

    Contributor Level 11

    Answered . It will only help in the sense that the court may take any arguments you make towards your commitment to rehabilitation more seriously. However, it has drastically less affect than common sense would tell us it should have. The court focuses on the facts of the incident - not the circumstances after.

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