Dui Defense
I was recently charged with a DUI but haven't gone to court. I was in my truck going around a corner in an apartment complex which was private property. Lost control of the truck and hit the side of the apartment. No one was injured. I backed the truck out. Parked it, took the keys out, locked the truck, and waited for the police to show up. While I was waiting I made it a point to drink more alcohol. I told the police this when they arrived. They breathalized me and of course I got arrested. At the station the test results were a BAC of .11 The only charge is a DUI. Now I've heard numerous stories from different people about how to get out of this, whether it was because I wasn't in the truck when the police arrived, or beacuse I had more to drink. But my question is, how good are my chances of getting the charge dropped and what is the best defense. Thanks for all the help.
2 Answers from Attorneys
Re: Dui Defense
Your ability to challenge these matters at trial are, as a result of the circumstances you described, greater than an individual pulled over in the normal course of operation. However, depending on what admissions you made to the responding officers, you may still be convicted.
The commonwealth must prove that you were operating a motor vehicle, and that either a) you were above the legal limit at the time of operation or b) that your intoxication interfered with your ability to operate the equipment safely.
AS you were out of your vehicle, in order to prove you had been operating the vehicle, The prosecutor would either have to bring in witnesses to your driving or have an admission by you. Even without the admission, there is a presumption that the owner of the vehicle was also the operator, but this can potentially be rebutted.
Secondly, your post-operation consumption should render you breath test inaccurate. However, if you admitted to consuming alcohol prior to operation and to having collided with the apartment, you are still in danger of being convicted.
You should obtain an attorney immediately to assist you in these matters, as only someone who deals with these types of charges regularly can truly assist you in evaluating your chances.
This correspondence contains privileged attorney-client information and is the property of Dunlap, Grubb, Weaver & Whitbeck. This communication is intended for the addressee. Any unauthorized disclosure, reproduction, distribution or the taking of action in reliance on the contents of the information is prohibited. If you believe that you have received the message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. Dunlap, Grubb, Weaver & Whitbeck, P.C. does not and will not represent you until you have signed a written retainer agreement. Any information or response to an your inquiry should not be relied upon and is not legal advice, unless such information or response explicitly states it may be relied upon and further explicitly states Dunlap, Grubb, Weaver & Whitbeck has agreed to enter into an attorney client relationship with you. For information please call 703-777-7319.
Re: Dui Defense
Chances are whatever additional alcohol which you consumed while waiting the relatively short time for the police to arrive did not significantly affect or contribute to the BAC reading of .11 and, therefore, there is ample evidence for the court to find that in fact when you were operating your vehicle you were over the .08 limit.(This would likely be one of the arguments advanced by the prosecution if the case were to go to trial.)
The arguments which you've alluded to as possibly offering credible defenses to your DUI charge I'm afraid "will not wash", so to speak, and I would surmise that your chances of getting this charge dropped are quite slim.(The fact that you lost control of your vehicle and thereby caused damage to property will be an aggravating circumstance
coupled to the fact of your .11 BAC and your attempt to thwart justice by consuming additional alcohol, taken together, should be quite sufficent for a conviction on the charge of DUI.)
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
