7.08 is quite a BAC. You should immediately consult with a criminal defense attorney in your area. You indicate a number of things including witnesses that should be helpful, however I reiterate you should immediately consult with a local criminal defense attorney.
When you are being charged with a crime, you need to hire a criminal defense lawyer. I do not handle criminal cases but want to emphasize the importance of hiring good defense counsel. You are young and likely just getting started in the working world. I have heard that an employer, as part of a potential employee background check, will pull a driving record and/or criminal record. If there is a conviction for drunk driving, it may hurt your chance of getting a job. Hire yourself a good criminal defense lawyer.
This factual summary doesn't add up. BAC levels of .45% and higher are fatal. http://www.intheknowzone.com/substance-abuse-topics/binge-drinking/blood-alcohol-concentration.html
In all events, you need a lawyer.
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Sounds like you may have some good facts. I would tell you to contact a qualified attorney to represent you, so that you will get the best result possible. I wish you well.........David Wallin
I agree that your story does sound like you would have a good defense to the charges filed against you. I would definitely recommend hiring an attorney though as you really do not want to do this by yourself. I think you meant that your blood alcohol level is 0.08 though as it is physically impossible to have anything over 1.00 and your likely dead at .45.
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here. Please visit my web site: www.mdrmlaw.com for more information about my services.
I presume you wish to defend this case through trial if need be. Even though the burden of proof is on the prosecution, you will have to prove your affirmative defense to the jury's satisfaction so they cannot find you guilty beyond a reasonable doubt. For that you will need all your witnesses available, a cohesive defense strategy and a private attorney who can aggressively represent your interests.
I would be happy to chat privately with you. The consultation is free and carries no obligation. Call me at 213-324-4206.
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