If I only did the eye check (HGN) and no other balance tests, did not blow into anything, but smelled like I had been drinking (2 drinks) is that enough to convict me of DUI Less Safe?
2 Answers from Attorneys
Possibly, depending on the detailed facts you omitted. The possibility increases greatly if yiou do not hire a good DUI lawyer, which MUST be done less than ten days from the arrest to deal with certain immediate issues in some DUI cases.
Well, you did not indicate how well or poor you performed on the HGN. Also, you did not state if there were other indicators that could have caused the officer to pull you over, i.e. swerving down the road, driving with your lights off, stumbling to your car then driving off, etc. These factors, combined with a strong smell of alcohol (in addition to a poor HGN) would likely lead an officer to cite you for being "less safe."
Either way, my best advice is to urge you not to treat your case as a DIY project. Hire a lawyer so that you can get your case evaluated after a full understanding of all the relevant facts.
Good luck
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