I tested 0.09 BAC at the check stop and tested 0.07 in the detention center. My court date is set in Jul 2016. Please advise on the steps.
consult and hire an experienced traffic/dui lawyer
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You will want a good lawyer to defend you because, from what you've written, there is a lot that a lawyer can do with your case. First of all, there are a number of defenses unique to checkpoints. Second, your low BAC gives you a lot of leverage and provides no per se evidence of alcohol impairment. Many ask, "if my BAC was below the legal limit, doesn't this mean that I win?" The answer is "no." People can be and are convicted of DUI with lower BACs. Reach out to a good lawyer. Most of us will analyze a case for free.
Dear Reston - do not post anything else on line! get an attorney to represent you in court - you can use the AVVO find a lawyer feature to locale an attorney familiar with that court. GOOD LUCK!!
You need to speak with an experienced attorney in your jurisdiction in Northern Virginia who can advise you of all potential defenses. Each DUI case is unique and an aggressive criminal defense will help you achieve the best possible outcome in your case. I would recommend getting a free consult regarding your case as soon as possible.
My advice is to (1) hire an experienced, respected and successful Virginia Criminal Defense Attorney who specializes in DUI Defense, (2) do what the lawyer tells you to do.
There could be defenses related to the stop-i.e. checkpoint. Additionally, at .07 no presumptions can be made that you were under the influence at the time you were driving the car. Your .09 at the checkpoint is not admissible in the case in chief against you, although it may be admissible if the the attorney challenges the probable cause for the DWI arrest. Other evidence that could be relevant to the arrest and case in chief would be your driving behavior, statements to the officer, general demeanor and performance on Field Sobriety Tests. You need an experienced attorney well versed in Virginia law and procedure to represent you in this case.
Your one and only step at this point should be to retain a DUI attorney in your local jurisdiction. There might be several possible defenses in your case, but you need to have an attorney on your side. Your attorney can discuss in more detail the specific facts and issues related to your defense. You should retain an attorney as quickly as possible so that your attorney can get to work for you. Good luck on your case.
Any answer to questions answered on this website or discussion board is not specific legal advice and does not create an attorney-client relationship. To protect your confidentiality and attorney-client privileges, you should schedule a private individual consultation with an experienced attorney in your local jurisdiction.
i agree with the other attorneys who expressed your need to obtain a qualified lawyer. With your lawyer, you can include a discussion of your varying breath test results between the street test and the jail test. Those variances can be accounted for by such factors as the street test being less accurate than the test at the jail (which itself can be inaccurate), and falling blood alcohol content.
A good forensic toxicologist with relevant experience can help explain the differential between the two tests after obtaining various information about such items as what alcohol was consumed and when.
All the best to you.
None of my comments on AVVO's website constitute legal advice. It is only food for thought for possible matters to address with a qualified lawyer. The disclaimer page on my website linked above applies to all my answers on AVVO.com .
hire an attorney who will hire a toxicology expert to come in and testify on your behalf and you just might beat a dui!
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