Pulled me over for speeding then asked ?? yes I had drank the night before and had a bloody mary bout 3hrs prior to being pulled over. I had my ADULT special need child w me. I am the only care giver for my son he is 21. I am a single mom and I have NO one else to watch my son whom is still in diapers does not talk and needs 24hr supervision. My only income comes from IHSS for caring for him. I realy didnt believe or even think about that I may be impaired and I would not of drove. so but after st tests and breath he said I was well over limit and took me w my son to a station to be blood tested and cit released.
Please don't panic. A qualified private DUI lawyer will surely be able to help you, but don't forget that if you cannot afford an attorney, a public defender can be appointed to help you. They will be able to explain the charges, potential consequences of taking a plea, and all your alternatives BEFORE you need to make any sort of decision.
No competent attorney will ever advise how you should plead based on a few details on the internet. Even after consulting with an attorney who has all the facts, it is ultimately your decision how you plead.
You need an experienced DUI attorney to review your case. If you can afford to hire an attorney, there are advantages. A private attorney can give your case specific attention and get the ball rolling immediately to protect your rights. If you cannot afford an attorney, you will be given a pubic defender who will review your case with you before you have to enter your plea.
Good luck to you.
I cannot represent you because I am not in California. That said, I've had many a client who was over the legal limit the morning (or even 24 hours) after drinking. The bloody mary would have boosted this and may have all been in your system when you were driving. Having that responsibility for your son must be very stressful.
Sometimes 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. It is certainly not a do-it-yourself situation, nor a situation where you want someone getting on-the-job training.
That you have been charged or that some gizmo says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you will 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!
Most states, including Wisconsin, take your license from you even if you win your case unless you take certain steps to get a hearing about that before right away, usually before your first court appearance.
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. I would suggest looking for a member of the National College for DUI Defense or the DUI Defense Lawyers Association. Such a membership indicates that DUI defense is a major part of that lawyer’s practice and that they have made a commitment to keeping up to date on the law and science of DUI defense.
If you cannot afford to hire a lawyer, a public defender could be appointed. That lawyer may well have the expertise I am talking about. They get a lot of these cases.
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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.
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Asker, the biggest mistaken DUI defendants is drive based on how they "feel"
Intoxication isn't about how intoxicated you feel. It's a mathematical equation of how much you weigh vs. how much alcohol you consume.
Hire an attorney asap. Rancho can be difficult.
You should consult with an experienced DUI attorney about all of the details of your case. It's difficult to provide you with concrete answers to your questions without a full understanding of the facts. Many of us on AVVO provide a free consultation.
You could be facing the additional charge of endangerment of an adult. That is serious!
Obviously if you could plead that away - that would be good as that it much more serious than the DUI.
You need a private attorney to help you with this in my opinion.
You need to see if the police officer used a radar gun and if not, perhaps fight the probable cause.
It's possible to get the case thrown out on a Motion To Suppress if you can show that the officer pulled you over by guessing your speed.
You need to see the MVARS, the dashboard video camera - it may help you fight the pull over.
Don't settle for a public defender on this one! It's your livelihood! You need to fight hard!
No one can tell you how to plead when you get to court. If you want to try and fight the case, then you plead not guilty he. If you just want to plead guilty get your punishment and MoveOn, and plead guilty. Without a full and thorough understanding of the circumstances that led to the arrest as well as a copy of all the evidence intended to be used against you, there's no way any attorney can properly advise you one way or the other.
Go to court on the date ordered and ask the Public Defender to help you. Don't think you have to go it alone. I'm sorry to hear about your ADULT son with special needs. That must be rough.