2nd DUI arrest but didn’t blow?
December 9th, 2009
I got a 2nd dui arrest; the first time it was brought down to wreckless driving.
This time I was not drunk, but my breath smelled like alcohol, and even though I passed the sobriety test I was still arrested. Later I refused to take the breathalyzer. What are my chances of winning this case and is it possible to get my license back if I get a drunk driving lawyer?
Your chances of getting your license back and beating the charges are good. Evidence against you is the smell of alcohol and refusal to take the breath test. Evidence in your favor (especially if it was recorded) is you passed the field test. Also, the police have to had a reason to pull you over. You will have to take the case to a jury trial. If you go before a judge only, they probably will find you guilty. You will need a good attorney. A good attorney will cost a lot. It’s well worth the money depending on the circumstances. I recommend one that specializes in DUI cases. A good way to find an expert attorney in any case is to ask someone affiliated with the courts and the local police.
I recommend you use the following site to help you find a good attorney. It’s a great site that rates lawyers and gives you info on what they specialize in. It’s relatively easy to use but just because an attorney is not listed in the site does not make them a bad attorney.
http://www.martindale.com/secure/MyMartindale.aspx
Good Luck!
December 9th, 2009 at 6:54 am
In Texas, to get your license, you have to have a administrative law review (ALR) hearing. You are going to need a lawyer for this. Also, there is only a short amount of time allowed to ask for an ALR so see a lawyer now. Many lawyers give free consultations.
Sounds like you had a good lawyer for your first dwi. You probably need to go back to that lawyer.
References :
December 9th, 2009 at 7:07 am
Yes definitely get a lawyer. Do not risk going to court without a lawyer. In Virginia, a refusal can result in loss of your license for one year hard (meaning no restricted license even).
References :
http://srislawyer.com
http://duilawsinvirginia.com
http://dui-defense.info
http://lynchburgvirginiaduilawyer.com
December 9th, 2009 at 7:38 am
what state you live in???in Louisiana if you get a dwi and it is dropped and you get a 2ed one they charge you for both at that time
References :
December 9th, 2009 at 7:43 am
Refusing the breath test is considered proof of intoxication in Missouri.
Did the officer TELL you that you "passed the sobriety tests?"
Can you list the clues that officers look for on the Standardized Field Sobriety Tests? No? Then you really have no idea if you passed or not.
I have had more drunks that I have arrested who have INSISTED that they passed the SFST’s (who weren’t even close) than I can remember.
The foundation of a DWI case is the officer’s observations of you and his ability to describe your behaviors that indicated your intoxication.
I would say your odds of winning are small.
If you are sober, ALWAYS take the test when offered.
EDIT-
In reference to Stacy below…
Taking a plea to a lesser charge is NOT "beating" a DWI. That would only be if you were found completely not guilty.
References :
8+ years Law Enforcement, DWI Instructor
December 9th, 2009 at 7:57 am
You’re in a lot of trouble. Most states list Refusal as the same penalty as DUI. You just handed them a conviction against you.
Get help before you kill someone. I’m not trying to be mean, I’m being completely serious.
References :
11 years law enforcement
December 9th, 2009 at 8:34 am
Your chances of getting your license back and beating the charges are good. Evidence against you is the smell of alcohol and refusal to take the breath test. Evidence in your favor (especially if it was recorded) is you passed the field test. Also, the police have to had a reason to pull you over. You will have to take the case to a jury trial. If you go before a judge only, they probably will find you guilty. You will need a good attorney. A good attorney will cost a lot. It’s well worth the money depending on the circumstances. I recommend one that specializes in DUI cases. A good way to find an expert attorney in any case is to ask someone affiliated with the courts and the local police.
I recommend you use the following site to help you find a good attorney. It’s a great site that rates lawyers and gives you info on what they specialize in. It’s relatively easy to use but just because an attorney is not listed in the site does not make them a bad attorney.
http://www.martindale.com/secure/MyMartindale.aspx
Good Luck!
References :
Not proud but — I Beat a DUI. Failed field test miserablly, refused breath test, excellent attorney (expert in state on DUI litigation) cost $11,000! I won’t even mention what I was pulled over for but it was very bad. I did not take it to a jury trial but took a lesser charge.