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Arrested for DUI in a convenience store parking lot while off the vehicle due to not being able to walk after disability issue

Hiram, GA |

I'm physically disabled due to being a lower leg amputee and I must use a device such as a prosthetic leg, wheel-chair or crutches to get around, usually the prosthetic leg and handle it OK. One evening I was coming from a friends place on my motorcycle, stopped at a convenience store, went in, came back out, attempted to get back on the motorcycle and at that time the prosthetic leg malfunctioned which then caused me to drop the motorcycle on it's side. They helped me pick it up and park it, I couldn't walk due to the bad prosthesis, so they asked me to call for a ride home, I did, but someone also called the cops, they showed up before my ride did, smelled where I had drank some beer earlier, and charged me with DUI, I refused the breathalyzer, what are my chances of this being reduced?

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Attorney answers 4

Best Answer

If you refused a portable breath test at the convenience store, it would be difficult for the prosecution to show that there was enough of a reason to arrest you for DUI. You didn't commit any traffic violation, and an odor only indicates that you had consumed alcohol earlier--it doesn't show that you were impaired by it. I assume the officer didn't have you walk a line or anything like that, but did he have you follow his finger/pen with your eyes? It seems like you have a very strong case, especially if there were no field sobriety evaluations. That said, if you refused to blow at the station after arrest, you could be looking at a hard suspension of your license without a work permit. So it's important to get an experienced DUI lawyer who you're comfortable with to get the charges reduced as soon as possible and protect your license. You should be able to find representation at a reasonable price, with a payment plan if you need one. Best wishes to you


Your chances depend upon many more factors than you can list here. Whatever your chances are on your own, they are twice as good after you hire an attorney to represent you.


You're off to a good start, but other factors are going to come into play such as which court your case is in, which judge it has been assigned to, etc. Again, you have some very powerful facts on your side. I would meet with a local attorney who is familiar with the court your case is in, and discuss these facts with him.

James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.


While it is difficult to fully evaluate your case base solely on the facts you provided, I would encourage you to contest your case with the benefit of specialized DUI lawyer.