The short answer to your question is "Yes". Many of the attorneys who answered this question are correct, so you may want to contact any one of them or me for a free consultation.

Can a dui attorney successfully argue my case to be dropped based on this? The short answer is maybe. There are many more issues that must be looked at first. Did you make any statements to the Peace Officer that you were in fact the driver? Did you say when you drove? Did the Officer ask you how long you had been there? This could lead him to a reasonable inference that you had drove there. Did the Officer ask you if anyone else was driving? Will the Officer be able to state the time of driving occurred within 3 hours of the time of the test? Thus, complying with 23152(b), 3 hour presumption. Remember, there is the negotiation phase and if you don't like the results you can always say "ready for trial" and duke it out in court.

Locate an experienced criminal defense lawyer in your area, who specializes their practice in DUI DEFENSE, make an appointment, bring whatever evidence, documents or witnesses that you may have, engage in a meaningful face-to-face consultation. Each case is different. Get advice on your specific case and scenario. Most on AVVO offer free consultations. Best of luck to you.

Based on the circumstances you described, you may be able to use what is typically referred to as a 'no-drive defense.' This is often considered to be one of the strongest defenses available in DUI cases. More information will be needed to determine whether this defense will be appropriate in your case. The most important factors will be whether there was any circumstantial evidence that you were the driver. If you were in fact the driver, your blood alcohol level may not have been over the legal limit at the time of driving. Therefore, the time of driving will be equally important. Definitely consult with an experience DUI lawyer before making any decisions about your case. Yours may be a very good case to fight.

Penalties for a first-time DUI differ. This is based on a number of factors, the chief of which is the county where the alleged crime occurred. Regardless, the defendant should expect a sentence that includes anywhere from three to five years of (informal) court-supervised probation. He should also be prepared to pay fines and fees anywhere from $1500 to $2000. A 6-month driver’s license suspension and enrollment in a drunk driving school will also be required. The law also imposes a jail sentence of at least 2 days, but this can often be served on work release.

In addition to criminal liability, the defendant faces the loss of driving privileges. If he does not timely request a DMV hearing to challenge the forfeiture (i.e., within 10 days of issuance of citation and/or temporary license), the suspension will take effect 30 days after receipt of the citation. By requesting the DMV hearing, the suspension will be stayed at least until the hearing (Please note one should specifically ask for a stay when requesting the DMV hearing). If the suspension takes effect, the defendant will be eligible for a restricted license after 30 days. The restricted license will allow him to travel to and from work, school and the drunk driving class. To obtain the restricted license, the defendant must file an SR-22, enroll in a drunk driving course and pay a reissue fee to the DMV.

Hire an attorney and fight this!

Can this be won with the assistance of a skilled DUI lawyer? Yes, that is possible. No one, though, can promise you that this will happen. They do not have to catch you behind the wheel to convict,any more than they have to watch a murder to convict someone of that murder. They must prove that you operated under the influence.

Often people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial.

That you have been charged or that some contraption says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you can be proven guilty using competent, valid evidence.

Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered!

After even a first drunk driving conviction, you may face employment discrimination. You will certainly be charged higher for insurance. Having such a conviction will also make you a target for drunk driving arrest in future interactions with police. You will automatically become a suspect.

You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses.

That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving.

If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.
Thank you.

--- Experienced DUI/DWI/OWI/Drunk Driving Lawyer in Madison, Wisconsin
http://addbalance.com/drunk_driving_lawyer.htm

--- Facebook Page Madison (Dane County) Wisconsin Drunk Driving / OWI / DWI / DUI Lawyer
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--- Field sobriety "tests" – Madison (Dane County) Wisconsin DUI / DWI / OWI / Drunk Driving lawyer
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--- Drugged Driving/DUI/DWI/Drunk Driving with Prescription Drugs – Madison (Dane County) Wisconsin
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--- Which Offenses Count as Priors in Wisconsin? - Madison Dane County Wisconsin DUI OWI Drunk Driving Lawyer answers
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--- Ten Days to Save Your License - Administrative Suspension and Refusals in Madison (Dane County) Wisconsin
http://addbalance.com/duitendaywarning.htm

DISCLAIMER:

Confidential information should not be disclosed in this Internet forum.

I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.

If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.

To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.

This AVVO Answer is provided for general educational purposes only.

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Your facts certainly help, but if I were you I would request the dmv hearing asap if within 10 days from arrest and plan on bringing in the officer by subpoena so you can cross him Nd keep the case for a motion to suppress.

With a DUI case, preparation is key!

A DUI Attorney can make any of a variety of arguments on your behalf. I'm concerned that you may have admitted driving and of course cirucmstanatil evidence is admissible to prove you were driving--you car is on the side of the freeway, nobody else around, registered to you, etc. The car didn't just magically appear on the side of the freeway. There are other possible outcomes to your case besides dismissal which could nevertheless be favorable to you. Consult with an attorney in San Bernardino to evaluate your case. Attorney James Dickinson has offices near the central San Bernardino Courthouse. Good luck.

with enough circumstantial evidence of driving a DUI conviction can be obtained. There does not have to be cited driving you should speak with an attorney in your area as soon as possible

Hopefully you did not give too much information to the officer that can hurt you. Big questions Im thinking of is time and identity of driver. Officer may have no idea how long you were there waiting for a tow, so you could have gotten that BAC by drinking while waiting. Also, no way way for State to show someone else wasnt driving and you came to collect your disabled vehicle. Sounds like you have a good case as long as not too many important details were divulged. Get a good attorney to help you put it all together