I had gone to my 83 yr old mother's to assist her with a chore, had 2 drinks with her over 3 1/2 hours. I also was falling asleep at her table. I backed out of the driveway, and as soon as I shifted into drive a crazed looking man started screaming at me - "You hit that car! You hit that car!" So I stopped to check the damage- I didn't feel anything - I have a ford f-150 & I backed into the corner of a smaller import car. The turn signal & corner of the bumper had some damage. I went up to the door , and as I gave him my info the cops showed up. I have acid reflux disease- the drink I had 5 minutes before the cops arrived was gurgling up & I could taste it all night. I was very tired as I had maybe 4 hrs of sleep over the last 3 days due to leg & back pain( been on disability for 7 yrs)I don't recall getting miranda rights, either. The cop said that she wasn't going to give me a field sobriety test because she could smell booze. No kidding - i had taken a sip barely 5 minutes before. When I got to the detention center I wasn't told much, and this being my first time arrested, I had no clue as to what was going on. They moved us into a holding cell 3 times, once they put about 13-15 men in one tiny cell. I am on disability & am very poor. Money runs out a week or two before the end of the month. I don't think I can afford a lawyer. I Don't drive much - I can't afford to & somedays I can barely stand much less walk any distance. I make about 2-3 supermarket trips & a weekly visit to my mother's.
Contact a private criminal defense attorney if you are able to do so financially. This will insure that you get the best possible outcome for your particular situation.
It sounds like you may have some basis for argument. Also, that is an extremely high BAC reading that may be an error given the other facts you mentioned.
I can provide a free consult for you. Please feel free to call me tomorrow morning at 612-810-0060.
Ms. Campoli is correct. That seems too high of a reading based on the information provided. Consult with a criminal defense attorney. I, like many others, offer free consultations.
Best of Luck --
Adam W. Klotz
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You have raised several legal issues in you question. Acid reflex will definitely effect any type of breath test. You also may have issues regarding the basis for the arrest. There are several strategies for handling DWI cases. I've practiced n this area for over 15 years. It is hard to say what issues you really have until reviewing all of the police reports. Please be aware that whenever a person tests over the legal limit, they lose their license and only have 30 days to challengevthevrevocation; thus, saving the opportunity to keep the alcohol license revocation off your record. You need to speak to an experienced criminal defense attorney. Feel free to contact me if I can be of assistance.
Thank you for the inquiry.
First a DWI offense is really two cases in one. There is a criminal case which carries with it jail sentences and fines. On a typical first offense with a bllod alcohol content below. 20 is a misdemeanor punishable by up to 90 days in jail. The second case is a civil case and involves license revocations and, perhaps, plate impoundments. If you do nothing, that revocation will go down as an Implied Consent violation on your permanent record. You must seek aa judicial review of that revocation within 30 days after receiving the revocation notice.
Second, there are many defenses to a DWI. What defenses apply would require a thorough review of the case. Acid refluc can impact an Imtoxilyzer 5000 test. However, the equiptment is presumably designed to catch spikes resulting from acid reflux. That issue will have to be explored thoroughly.
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