I was pulled over for speeding and was arrested for DUI. I could not pass the sobriety tests. I was not tested on the breathalyzer when arrested. I was tested at the station probably an hour and a half after the arrest. This is my first offense I have nothing on my record. I'm a 22 year old female. I blew a .197 on the breathalyzer however the officer told me to blow as hard as i could, so i did. I know I should not have been driving but I also was not out of control drunk. I do have a high alcohol tolerance. Do they take that into consideration? What are my chances or odds of beating my DUI? What are the first steps I need to know for beating a DUI? Do I need a DUI lawyer?
Criminal Defense Attorney
You need an DUI attorney to review all the evidence against you including the officers qualifications to truly assess the chances of beating your DUI. Regardless of what your odds are for beating the DUI case, hiring a DUI lawyer will be better than anything else you can do.
My response to your question is a generic response and should not be construed as controlling to your case. I can not effectively advise about your case without knowing all the facts. Additionally, my response does not create an attorney-client relationship. You can contact my office to schedule an appointment if you would like to have me represent you.
How to beat a DUI case step 1: Hire a DUI lawyer. Your chances of beating a DUI are always a lot better with a DUI lawyer.
You asked how to beat a DUI case? The answer is simple...you need an criminal defense attorney from the area (same town or county) where this happened. This attorney will not only know the applicable law but the procedures and the Court personnel. A .19 blow is quite high. The long blow is "required" to obtain deep lung breathe. One and a half hours is not a long delay but significant. Call an experienced DUI attorney because this is the best thing you can do to increase your chances of beating a DUI.
Family Law Attorney
Some of the factors that affect your chances of beating a DUI that prosecutors, and judges or juries, would look at include: how you were driving when you were stopped, your demeanor when interacting with the officer, how you did on the roadside agility tests, how you did on the breathalyzer, and any statements you made at the scene or at the police station.
If the breathalyzer results are admitted into evidence (something your attorney would try to prevent), trying to convince a jury that you weren't impaired when you were over twice the legal limit would be, at the very least, a significant challenge.
Since you state that you are only 22 but already have a high alcohol tolerance, you may want to consider getting an alcohol evaluation to see if you have a problem requiring treatment. If so, it's possible that getting that treatment would result in a lower/different charge and/or sentence.
As others here have suggested, the first thing you should do on how to beat a DUI case is talk to a DUI attorney (or public defender if you qualify for one) as soon as possible.
DUI / DWI Attorney
You definatley need competent legal counsel. This could be a difficult case due to the high breath test, however breath testing is far from an exact science. "Tolerance" is not at issue due to the fact that being over the legal limit is a "per se" violation of the law. It would not be proper to argue that since you have a high tolerance, the numbers are meaningless. However, if the breath machine (DataMaster) indicates a very high number, and you do not exhibit signs of impairment, that could be used as ammunition against the accuracy of the breath readings. Finally, while having a "high tolerance" is a badge of honor in college, be very careful about disclosing this fact to the court or any alcohol or drug evaluation that you may have to undertake.