Is it possible to get a first time DUI dismissed or dropped Colorado?
December 12th, 2009
Here are my circumstances before I ask my driving under the influence question:
1. I attended a fundraiser and had a few beers. They were the kind with lower alcohol that you get at grocery stores.
2. After the event I went to hang out with some folks I’d met at the event and had a few more beers(these ones were regular percentage).
3. I didn’t drink excessively and headed home after awhile. I’m estimating that if you include the fundraiser, I was out for 7-8 hours.
4. An officer pulled me over because my break lights were out. I handed him my license and registration.
5. He asks if I’ve had something to drink. It goes downhill from this point. I do well on the roadside tests but blow a .09(.08 is the limit). At this point I am confused because I know that I haven’t consumed over the legal limit and know that prior to the test the officer couldn’t have had very good reason to believe that my driving was impaired. I felt like I was being “pushed” towards DUI charges, if that makes any sense.
6. I opted for a blood test at a nearby hospital and was ticketed and placed in the custody of a friend rather than arrested.
7. My blood test results will come back in a few weeks to determine whether I was truly over the limit.
So my questions about this situation:
1. In situations such as this, what can an attorney realistically do for me? My friends have recommended good attorneys, but I’d like to survey more people to figure out what I can expect.
2. Has anyone else had success fighting this sort of thing?
3. Will the fact that I was ticketed rather than arrested weaken/affect my defense? It seems that nearly all methods of dismissing a DUI center around an actual arrest taking place.
AND PLEASE, NO LECTURING! I had misjudged how much I had to drink and think that individual factors I was not aware of lead to such a high reading. Almost every BAC calculator I’ve consulted says that I should have been below the legal limit.
If the blood test shows that you were NOT over the legal limit, then no problem. If the ticket was for a DUI, it will be dismissed. If the ticket was for the faulty brake-light, you’re still responsible.
If your blood test shows you WERE over the legal limit, then you will be prosecuted for DUI, which for a first-time offender might be a ticket or a fine, or could be a suspension of your license, but likely not jail time.
Blood alcohol levels are VERY individual. You really can’t trust a BAC calculator for that.
Now, you were out for 7-8 hours, but you don’t say the time frame from first drink to pull over. You had a few beers, and then a few more. As few denotes 3 or more, you had a minimum of six beers. Likely, you were over the limit.
December 13th, 2009 at 2:27 am
If the blood test shows that you were NOT over the legal limit, then no problem. If the ticket was for a DUI, it will be dismissed. If the ticket was for the faulty brake-light, you’re still responsible.
If your blood test shows you WERE over the legal limit, then you will be prosecuted for DUI, which for a first time offender might be a ticket or a fine, or could be a suspension of your license, but likely not jail time.
Blood alcohol levels are VERY individual. You really can’t trust a BAC calculator for that.
Now, you were out for 7-8 hours, but you don’t say the time frame from first drink to pull over. You had a few beers, and then a few more. As few denotes 3 or more, you had a minimum of six beers. Likely, you were over the limit.
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December 13th, 2009 at 3:16 am
you should have stayed with the breathalyzer. since breathalyzers only estimate BAC they are immediately challenge-able. and breathzlyzers can be "confused" by ambient fumes. your bloodtest will be difficult to challenge.
typical DUI penalties include license suspension, probation, court ordered drug and alcohol classes, a hefty fine. may have to take driving school to get license back. it will affect your insurance. these make using an attorney imparitive.
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December 13th, 2009 at 4:00 am
it pretty much all comes down to the blood test
under .08, you’re probably OK – get a good lawyer if they dont drop the charges AND drop any license suspension
if the blood test comes back over, you’re pretty much done. what do you think the jusdge will give more weight? your honest recollection of how much you drank via the charts, or the blood test BAC?
good luck on the result
and learn that DUI laws are all about getting anyone who drinks anything and drives – govern yourself accordingly to stay out of the trap
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