Found an issue on this page? Let us know and we will look into it as soon as possible.
I was arrested for a 1st DUI this weekend, blew a .107, what are my chances of getting this reduced, and can i keep my license?
Anonymous9 views9 answers
I was pulled over for failure to come to a complete stop at a stop sign, was field tested and arrested, took a BAC at the station and blew a .107. this is my first arrest of any kind and am worried of the ramifications of this to my career and life in general. what are the chances of being able to get this reduced and is there any way to not lose my license for 90 days, as i work nights 40 miles from my house and getting there is near impossible without driving. I am prior military and was exceptionally cooperative through the entire process and the officer said he would make a note of my exceptional cooperation, does this help my chances at all?
Any alcohol related offense is serious. You have named just a few of the things that can happen to you, any may happen if you do not take immediate action. The sooner an experienced DUI attorney looks over this matter, and starts the process of gathering the information to defend you, the more likely you will get an acceptable outcome. Any delay is a big mistake, get in to see an attorney now!
A BAC of a .107 is in the range where it may be possible to get a reduction in the charges based upon what court it is in, your prior history, and what actions you take now. You have 20 days to request a licensing hearing to contest the Department of Licensing suspending your license based upon your breath test. Regardless if you are suspended, you will likely be eligible for an ignition interlock license during a period of suspension. This means that if you comply with the Department of Licensing requirements, you would be able to drive with an interlock during a period of suspension. Still, it is important to request a licensing hearing, because sometimes we can beat the DOL suspension through various means. There is an implied consent motion being heard now in various courts that could help your case. It is best to contact a DUI defense attorney as soon as you can.
Mr. LaBare is correct - you should consult an attorney right away, if you can. You have the right to contest the 90-day suspension of your license, but you only have a limited amount of time to do it. Also, you can apply for an ignition interlock license that will allow you to drive with an ignition interlock device. However, if you do that, you may be giving up your right to appeal the suspension. If you're convicted of DUI, your license to drive will be suspended for even longer. Prosecutors' offices vary greatly across the state in terms of whether they'll agree to reduce a DUI charge, and if so, under what circumstances. That's why it's important to talk to a local attorney or, if you qualify, get screened for court-appointed counsel at your first court appearance.
Too even start to determine the possibility prevailing in the DUI defense and/or dol hearing much more information would be needed. You should begin to utilize attorney free consultations and then hire one.
Best of luck,
Joseph Rome
www.josephrome.com
It is possible to get a reduction of the charge and to even avoid a license suspension, but it would depend upon many factors and would require a very close examination of the police reports, BAC database/maintenance records, as well as any other available evidence in your case. It also makes a different in which court this matter might be pending.
DUI is a serious charge, and you stand to lose a lot if convicted. You need to speak with a knowledgeable DUI attorney as soon as possible. Feel free to call my office for a free initial consultation to discuss all your questions in greater detail.
All the above answers are true. Each case is different. For DOL purposes, it being a first arrest may have an impact on the length of the suspension/revocation, but not the chances of dismissal. It is all or nothing with the DOL and you really do need an experienced attorney who can identify the potential issues that may get your DOL action dismissed. As already stated, however, if not suspended/revoked for something else, you should be eligible for a "restricted" license during the suspension period.
On the criminal side. DUI cases are complicated and your chances of getting a DUI reduced depend on too many factors to list in anything short of a large book. Generally, it usually comes down to your prior history, your BAC level, the court you are charged in and the evidence against you. Where an effective attorney can be most helpful in these cases is in the ability to identify and assert evidentiary issues. The more evidence your attorney can bring into doubt the better position you are in. The personal facts you include, and your cooperation, may also be helpful in negotiation with the prosecution.
Regarding license suspension, there is no possibility of a reduction. You either win your DOL hearing and there is no license suspension or you lose and State law dictates the period of suspension. Your personal situation is completely irrelevant to the hearing process. Your complete cooperation with the process probably makes you chances at DOL worse. The good news is that a license "suspension" does not mean you can't have a license. Instead, you will most likely be able to install an Interlock Ignition Device and get an Interlock Ignition License for 90 days.
Many DUI attorneys (including myself) offer a free consultation, where we explain the process you are facing and the options you have.
