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I was arrested for a 1st time DUI. What strategies can I use to have my charge reduced to Neg. Driving 1st? Detail below:
Anonymous3 views2 answers
I was pulled over for making a left turn into the far lane. I complied with the FSTs and felt I performed well, despite performing the tests on an icy street at about 24 F. I blew a 0.09% at first and was told I had a "rising" BAC. I had a (ironically) sober passenger who attests that I seemed sober. I have a totally clean record.
My questions: 1) Can I challenge the FSTs on account of suboptimal testing conditions? 2) Can I use retrograde extrapolation to argue that I was driving at below 0.08%? 3) How can I best present myself to possibly reduce the charge to a Negligent Driving 1st offense?
Thank you for your time.
The first thing you need to do is find a good lawyer. Find someone who handles a lot of DUIs and with whom you feel comfortable. If you cannot afford a private attorney apply for a court appointed one. Next, be sure to respond to the Department of Licensing within 20 days of the date of your arrest. If you do not request a hearing with them, they will suspend your license for 90 days.
Now, for your specific questions 1) you can challenge the FSTs based on conditions depending on which test we are attacking, the conditions of the surrounding area can have a great impact on the performance of the tests; 2) the law only requires that you have a BAC of .08 or higher within 2 hours of driving; 3) The best way to present your self from now on is to make sure you are at all your court hearings on time and dressed well. Anything beyond that you will need a lawyer for.
If you call my office we can set up a free initial consultation to discuss this further.
I would agree with what the previous attorney told you. Contact an attorney ASAP. However based on what you have written it sounds like you have a good case. With a more detailed conversation and discussion of the facts an attorney would be better able to assess the strengths and weaknesses of your case. But I would say you have an excellent chance of getting it reduced to a Neg 1 based on the results of the breath test, and the arguments you mentioned.
