Is it possible to get a first time dui dismissed? He took me in after 3 separate tests?!

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3 separate breath tests taken ( first two were "inaccurate", 3rd one was 0.08) he initially stopped me because he thought I was falling asleep while driving ( 3 am in the morning) also my license was never suspended and rights were never read to me.

Attorney Answers

6
Larry Couture ·
Not likely that the case will be dismissed but certainly is negotiable. Naturally, you have the right to a lawyer and a trial and could very likely win, but that is not the issue. As to reading you your rights it is irrelevant (except as to taking the breath test which you did anyway), as long as you were not questioned. Ask your lawyer what he or she thinks about some alternative plea or sentence.
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Joseph Dane ·
It's hard to say from just what you wrote. The testing equipment has the printout of what happened, along with the calibration records. Those will need to be examined. Also - if your arrest was from where you posted, your interaction with the police should be recorded and available. And finally - Miranda... It's not like TV or the movies. Just getting arrested doesn't mean they have to read you your Miranda rights. Those are only required if you are "in custody" (arrested or the equivalent of it) and being interrogated. Typically, a "detention" such as a traffic stop does not rise to being "in custody" so no Miranda warnings are required. If there was a Miranda violation, the remedy is to exclude the statement, but it doesn't necessarily invalidate the entire case. Time for a lawyer to be involved. Keep in mind that you only have 10 days from your arrest to contact the DMV to set up a hearing. You say your license wasn't suspended, but if they issued a temporary license, you should be contacting the dmv to protect your rights. Even if you're not sure - don't trust that the system will work flawlessly.
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Jay Finnecy ·
Sounds like a defensible case, perhaps, but Miranda warnings have little to no application, usually, in DUI cases. Certain statements might be excluded at trial, but the case is not dismissed even if a violation occurred and it probably did not. You need an attorney.
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Michael Cernyar ·
It's possible. You need to scrutinize the tests and the reason to be pulled over. Find an attorney that knows what they are doing even if you have to travel a few miles. Good luck.
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Julia Simmons ·
Absolutely, if you're willing to take this case to trial for a complete dismissal.
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Stephen Downes 4686626.Html ·
Depending on the facts, anything is possible. If the facts favor it, a good attorney may be able to get the case dismissed, especially with a .08. If the facts as a whole are not as favorable, an attorney may still be able to get a good deal for you. However, without knowing your side of the story and other facts, its hard to say. But with .08, you could fight that.
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