Hello, I blew a .204 on my first offense. What are most likely the consequences?
1 Answer from Attorneys
If that breath test result comes in, then you face a minimum of six days in jail, but the court will likely allow you to do three of those days in an alcohol intevention program. You also face up to a $1,000.00 fine.
Some prosecutors have a policy of letting first time defendants (especially where there was no personal injury or property damage) plead guilty to a "Low Test" which carries only three days in jail minimum, all of which can be served in an alcohol intervention program rather than jail.
However, it is impossible to tell whether those results until you have filed a Criminal Rule 16 Discovery Request and taken a look at the calibration logs on the testing machine and reviewed the police report and whatever video there was of the stop to see if there was reasonable suspicion for the stop and probable cause for the arrest.
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