Contact a DUI/DWI lawyer in your area. There are a number of excellent ones in LA. You need to do this now, don't wait for court or you may lose your license even if you win your case. http://addbalance.com/duitendaywarning.htm
The field sobriety "tests" are designed so that sober people will fail them, even if they are properly done. Often, they are not properly done. http://addbalance.com/fieldsobrietytests.htm
What to do if you are stopped when you have been drinking?
Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.
You need an attorney and your attorney will get the video, if there is one. You have ten days from the date of your arrest to contact the DMV to let them know that you want a hearing to protect your license from being suspended.
I agree with my collegues. The best way is to consult and retain an experienced DUI attorney in your area, hopefully it is within 10 days of when the incident occurred as of now. The attorney can contact DMV to set an APS hearing, stay of the suspension of your driving privilege until the conclusion/decision on the adminstrative hearing, and discovery which will include the police report. An experienced DUI attorney will be able to obtain various records including video from the patrol car if it exists as well as records relating to the testing equipment used to determine your blood alcohol level. While you can call DMV to set a hearing if you do so within 10 days of the arrest (if the officer took your license and served you a temporary pink license), it would be difficult for you to get the information necessary to determine if there was a way to fight the case prior to the DMV hearing or the criminal case starting. Consult an experienced DUI attorney in your area to discuss your concerns before the 10 days go by or your privilege to drive will be suspended 30 days from the time your license was taken by the officer.
You can get it through a DMV subpoena and/or the prosecutor through PC 1054.5, but both of these options are made more complicated in cases where a defendant represents himself or herself. Thus, it is oftentimes better to retain an attorney to obtain these items so they can be properly evaluated. Make sure the attorney is in fact a DUI attorney who practices in the area where the case will be heard and be mindful of the ten days in which to contact the DMV.
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