Home > Research Legal Advice > DUI / DWI > What can I do if I was wrongly convicted of under the influence?
Asked about 1 year ago - Fairfield, CA
FlagI was pulled over driving 35 mph in a 35 mph zone I had several cars in front of me and several behind me I was pulled over for a front license plate. I was asked to step out of the car and tilt my head back and count to 60 which I did . He began to yell at me because I said I was not under the influence He said if I did not tell him that I did drugs that he would impound my car and take me to jail if I agreed he would leave my car. I was given a blood test which came up 16%. I had not done any drugs for a few days . I was not under the inflence at the time of driving I was not driving crazy. In actuality I just came from eating a steak dinner. My vitals at the jail were all normal. But I have been given a 3 month program is this fair. I dont believe it is.
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Your question is a bit confusing but i will try my best to answer. Your 1st issue is the initial stop. If you were not speeding, and you were only pulled over for no front plates, i dont see how the officer saw the front of your car if several cars were in front of you and behind you.
Was the officer pulled over on the side of the road and followed you after you passed him?
If not then you can file a 1538.5 motion to suppress. You need to hire an atttorney for this.
Your next issue is the .16. You said you were given a blood test and it was a .16. This means your blood alcohol level was a .16. You seem to think they were only checking for drugs but when they did a blood test they tested your blood alcohol.
Did you have anything to drink at your steak dinner? From your .16 blood test that indicates you had 8 standard drinks in your system at the time of the test.
I recomend hiring an attorney and stop posting on a public site.
If you were found guilty you must file a notice of appeal within 30 days. If you plead guilty you must move to withdraw your plea within 180 days. If you had not drank anything for 24 hours then your blood would not be .16. Perhaps they mixed up the blood with someone else.
I don't know what to tell you. You should have had a lawyer for you during this process.
