I was recently pulled over for failure to maintain lane, and then arrested for DUI with a 0.085 by the road, and a 0.081 at the station. I had had two beers over a three hours period, and felt perfectly capable of driving. Unfortunately, I hadn't eaten since noon that day (this took place at 2:16 AM), thus my body wasn't processing the alcohol the way I would normally expect it to. I passed all the FS tests, and after having taken the breathalizer the first time, the officer refused to tell me the results until much later in the evening (I don't know if they're supposed to or not). What chance do I have of beating this charge, and how should I go about things from here?
You should sit down and speak with some experienced DUI attorneys immediately. Since you blew over .08, the officer could file paperwork to suspend your license and you only have 10 business days from the date of arrest to appeal that suspension.
With a .081, you are within the standard of deviation for the Intoxilyzer 5000, but the state can also try to prove that you were a less safe driver. That is where the failure to maintain lane and your performance on the FSE's will come in. You need someone who knows those tests and the Intoxilyzer well and can demonstrate the reasonable doubt in your case.
You need to hire a qualified DUI lawyer, and hire one quickly. You have limited time to make sure that your driving privileges are preserved while you fight this case. This is a very fight-able case, the type that DUI lawyers love to handle. Call a few DUI lawyers in your area. Most will give you a free consultation, and you can go with the one you feel would be the best fit. If this took place in the metro Atlanta area, feel free to call me at 404-985-9772.
Your best approach to any DUI, whether it's your first or fourth, is to get an experienced criminal defense attorney involved as soon as possible. The facts that seem most relevant to you aren't necessarily the most legally relevant facts. An attorney needs to take a look at all of the facts and circumstances surrounding your arrest. Do not wait to get someone to help you. The longer you wait, the harder it is to help you.
M. Jason Rhoades
I agree with Mr. Goldberg; this is a very defensible case. There are several possible ways to get that breath test thrown out, such as arguing that there was no probable cause to arrest you for no valid reason to pull you over. But even if that is not successful, you have a good chance of getting a reduction to reckless driving because it's your first offense and you blew just a .08. I do strongly recommend that you hire an attorney, that will give you the best chance of getting the best possible result. Give me a call if you would like to discuss in more detail at no charge, I have handled cases in your area before and can give you a very reasonable rate. 404-987-0245 and best wishes to you.
The best legal approach is to hire an attorney right away who can evaluate your defenses and negotiate with the prosecutor. Often in cases in which a driver is just over the legal limit (0.08), a prosecutor will be willing to work with the attorney to reduce the charge. Don't delay in contacting an attorney to discuss your case.
Hernan Law Firm
Serving criminal defense clients throughout Georgia
Telephone: (678) 275-4000
You should immediatley consult with and retain the most experienced and qualified DUI attorney that is available to you. Based on the limited information in your question there appear to be several defenses available including (but not necessarily limited to) - No reasonalble articulable suspicion to stop / Issues concerning the proper administration of the Standardized Field Sobriety tests (SFST) / proper administration of the "Breathalizer" / proper reading of the Georgia Implied Consent Warnings / proper administration of the Intox. 5000 and even an isssue concerning your request for your Independent Test after you completed the State's Intox. 5000 test. These are not all of the possible available defenses that may be available after a complete consultation with an experienced DUI attorney - just a few off of the top of my head - and based only on the limited information in your question. Your best defense is to retain a DUI attorney ASAP - the WORST THING YOU CAN DO IS TO TRY AND DEFEND YOURSELF!!! I hope you follow my advise and Good Luck!!!
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