City or county court. It sounds like a very close call with a .78. Hire an attorney and you may get the case dismissed. You also might be able to beat case in trial. You might be able to go to pre-trial diversion course. If you need help, we handle dui cases all the time. 256-350-7200
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.
You did not indicate what the first test result was and I am assuming it was over .08? You may be able to get the case dismissed. Definitely hire an attorney. We are available should you wish to retain our services feel free to contact us at 205-841-4063.
There are many factors that can affect how best to handle this matter and the best advise is usually to hire an attorney immediately. Unfortunately the advice above is a guess that is based on very scanty facts. Circumstances of all sorts can change the ultimate answer you need. If you want to know how best to handle the situation, make an appointment with an attorney and get good solid advise based on more exact facts. The money spent might give you the peace of mind you need. The information provided is not intended as legal advice that can be relied on in part because we do not have the entire the situation. No Attorney/Client relationship is intended, implied or created. We are a debt relief agency and we help people file for relief under the bankruptcy laws.
Your best course of action is to hire a well-qualified criminal defense attorney who concentrates his or her practice in DUI defense. For a listing of highly qualified DUI defense lawyers, check the listings for the National College for DUI Defense or the NCDD at: www.NCDD.com. Also, you can check the listings of 'DUI/DWI defense' lawyers listed on Avvo in the criminal defense section. to locate an attorney in your area
Under no circumstances should you try to be your own lawyer! You are facing a very serious charge that can result in conviction for DUI, suspension of driver license if convicted, jail time (probably suspended, but subject to revocation), a substantial fine, and court-ordered supervision. Plus, a DUI conviction will be entered on your driver record (MVR) and stay on that report for five years. During that time, you will have a hard time obtaining auto insurance (mandatory to maintain a vehicle registration) or the insurance will cost a much higher premium. In addition, you may be denied a job that requires use of a company automobile, such as sales representative, under the theory that you pose a substantial risk to the employing company as a 'high-risk' driver.
There are many facts that you state in your inquiry that seem to indicate "problems" with the prosecution of this case. The fact that the breath test was administered 1.5 hours after the traffic stop is not controlling nor is the fact that a breath test result of .078% was obtained. A breath test result of .06-.07% is admissible into evidence, along with other competent evidence, to prove the prosecution's case. See, Code of Alabama, 1975, section 32-5A-194. Do not assume that a breath test result of less than .08% will 'acquit' you - it will not. The officer's testimony will have a major bearing on the trial court's decision.
As stated, you should immediately retain the services of a qualified criminal defense lawyer as soon as possible to assist you in this matter.
First this could depend upon your age as if you are under the age of 21 years Alabama has zero tolerance and your bac would exceed that zero level. If you are 21 and older then you are in the area of officer desecration since you are below the .08 bac. You should hire a lawyer not having a DUI conviction is an important thing.
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