I was involved in a single car accident last night. I couldnt get my car to start back up so I called my father to come pick me up. The insurance company was called and i made a claimed and they decided to come get the car the next morning. At aproxamently 8 am two state troopers showed up to my home and i was placed in the car and asked if I had any thing to drink prior to the accident. I admited to having a couple beers around 8pm the previous night. I then submitted to a breathalyzer test and blew a .064 and the officer charged me with an OVI. I didnt get arrested and my liscense was not suspended. I was never told i was being charged with an OVI until i asked the officer what i was signing the citation for. My question is do i have a good chance to fight this case? And is it possible to be charged with an OVI/DUI when u have blown under the legal limit?
1 Answer from Attorneys
Whether you can afford an attorney or not, a good attorney should be able to fight for a reduction for you. If you cant afford one, have one appointed. DUI's are lifelong, and you got a chance to avoid it here.
You defintely did not need to blow in the breathalyzer. I am assuming that they didnt have you perform field sobriety tests. If they did, then that will be really important. I also need to know what answers you decided to give them when they questioned you. You also didnt have to talk to them.
The breathalyzer shows you were drinking either a whole lot the night before, or in the morning. Did you answer questions about that? Did they ask you if you had been sleeping or drinking that morning?
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