DUI-First Offense
What are the chances and the laws surrounding a first offense DUI charge? Is there anyway to fight and win. My fiance was charged on 12/24/2000 with DUI after picking up a friend from a bar. He did have 2-3 beers before he left and was given the breath test probably 5-10 min after he left. The police officer followed him from the bar and gave him many field tests that he past and the last one was counting backwards from say 49, he was to stop at 20, but being nervous he did not hear the officer say to stop. He was also not told why he was pulled over, he was not swerving or driving recklessly. The police officer did not tell him what he blew in the street. Is it possible that because he had just had beer in his mouth that he blew over the limit. He was 2 blocks from his destination. Is there cheap hope for us in court, or should he plead quilty and get on with it?
1 Answer from Attorneys
Re: DUI-First Offense
There are many challenges to a DWI offense. A conviction may have long lasting implications beyond court---including cancellation of insurance. Remember, a DWI is two cases rolled into one. There may be criminal charges (a misdemeanor has maximum penalties of $1000 fine and 90 days in jail) and civil penalties including a license suspension. These are two separtate cases. The criminal court cannot do anything regarding the license suspension.
The licenses suspension is automatic. To contest it, you must request a judicial review within 30 days!! DO NOT DELAY.
To challenge a DWI, you may challenge the probable cause for the stop and probable cause to test. Moreover, the officer must follow specific procedures as part of the arrest. You should contact a lawyer for a FREE consultation before pleading to the offense.
For a FREE consultation call 952.831.5000
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