What is the best route to take in answering first time DUI charges?

Asked over 1 year ago - Decatur, GA

I blew a .169. This is my first of any kind of legal trouble. I don't know if I have a good case or not. I don't have a lawyer yet because I am trying to pool all of my financial resources together in order to hire one and I don't have what I have been quoted as of yet. My hearing is in one week and the DMV hearing is in 10 days. I didn't drink anywhere close to what the breathlyzer is reading. I do have a diagnosis of ADHD, Anxiety and depression for which I take medication but was not taking the night I was pulled over, but take as needed (except the depression meds) because you are not supposed to drink on those meds. I also wear a partial removable dental appliance that is similar to a retainer. I don't know if I have good grounds to fight this or not. I am terrified.

Attorney answers (5)

  1. Michael Jason Rhoades

    Contributor Level 16

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    Answered . You need to do whatever it takes to have an attorney with you before your hearing with DDS. I don't know what you were quoted, but I hope you got multiple quotes. Fees for this type of case can vary greatly and some of us work on payment plans for those who need them.
    Only after an attorney examines all of the facts and circumstances of your stop can one give you a reasonable expectation of your chances at trial, should one become necessary.
    Please let me know if I can be of assistance. I would be happy to help.
    Regards,
    M. Jason Rhoades

  2. Allen Rust Knox

    Contributor Level 16

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    Best Answer
    chosen by asker

    Answered . You need an attorney now. Your defense to both the license suspension and the underlying DUI will be based upon legal technicalities, if any. Otherwise, at .169 you are over twice the legal limit and will lose your license and get convicted of DUI. If you cannot afford to pay the fee in one lump some, some attorneys like myself will work on payment plans with some money up front. You might also try some of the other attorneys that have responded to this post. Whatever you do, you don't need to try to defend this yourself. Call me if I can be of assistance.

    Allen R. (Rusty) Knox
    125 TownPark Drive, Suite 300
    Kennesaw, GA 30144
    (678) 334-1399

  3. Charles Christopher Flinn

    Pro

    Contributor Level 14

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    Answered . You need to at least consult with an attorney. Find out about the process. About the courts. The judges. How a defense can be built or your case can be mitigated. If you have other questions I am happy to answer them. My number is 404-217-6978

  4. Benjamin David Goldberg

    Pro

    Contributor Level 17

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    Answered . Consult with and hire a lawyer immediately. If you cannot afford one, request that the court appoint you one. You are entitled to a lawyer for this case. Please let me know if I can help.

  5. George F. Mccranie IV

    Pro

    Contributor Level 15

    5

    Lawyers agree

    Answered . Based on the information you give in your question - you may have defenses available to you. There are very specific questions that need to be asked of the Arresting / Testing officer. The first time you can have these questions answered (under oath) would be at the Administrative License Suspension (ALS) hearing you have coming up in a few days. In my area of the state, some attorneys advise people that they can't win at the ALS hearing. Telling them it's a waste of time and money to even go to the ALS hearing. I COMPLETELY DISAGREE!!! Many times I have been able to develop a Winning Defense by going to and aggressively defending my Client at the ALS hearing!!! At this early point in your case, I would advise you to AT LEAST retain the best DUI Defense Attorney that you can afford to represent you at the ALS hearing. Then you should have time to work out your finances in order to retain (the same or a different) qualified and experienced DUI Attorney to defend you on the DUI charges. I hope this information is helpful. Good Luck!!!!
    George McCranie IV www.mccranielawfirm.com

    The information provided in this response to a question is not legal advise and is provided only for general... more

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