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Why my attorney states I have 30 percent chance of winning dui case, when it is my 1st offense and my level was low 1.0 ?

Fort Worth, TX |

No injury or accident. I was very cooperative with officer. Why are my chances so low for plea bargaining ?

Attorney Answers 2

Posted

Is it a DUI or a DWI? DUI primarily refers to persons under 21 operating a motor vehicle with a detectable amount of alcohol. With a .10 blood alcohol level, this would be very difficult to win at trial.

If you are talking about a DWI, that is operating a motor vehicle while intoxicated. Intoxication is defined as losing the regular use of your mental or physical faculties or having a blood alcohol level of .08 or higher.

.10 is not a very high BAC level. The next question should be how you did on the field sobriety tests and how you look on video. If you look horrible on video and the officer picked up on several clues during the field tests, then again, you will have a difficult time at trial.

As far as chances low for plea bargaining, that doesn't make sense. You should easily be able to get a plea bargain. For first time DWIs, it is rarely in your best interest to plea bargain unless they are willing to reduce the charge (which many counties refuse to do). The reason is that even if you go to trial and lose, you will likely get close to the same punishment as you would have received if you took a plea bargain.

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Posted

If your sample was a 0.10, there might be some extrapolation issues. Did you tell the officer when your last drink was? How long was the gap of time between when you got pulled over and when you blew into the machine? These are questions your attorney should be asking you.

Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship

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