What is the best way to prepare for a DUI charge in court? 53 Answers as of July 11, 2013

I was charged and had a .7. They never gave me another test at the jail.

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Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
You can be convicted of DUI with a BAC of .07. It is below the legal level but an officer could still opine that you are under the influence.
Answer Applies to: Alabama
Replied: 11/18/2011
The Law Firm of David Jolly
The Law Firm of David Jolly | David Jolly
The only way to prepare solidly for a DUI in court is with the help or a DUI focused and very experienced lawyer. While some DUIs appear easier than others, you will not get the best result unless you have thorough and competent representation. If you are unable to afford a top notch DUI attorney at least meet with one (or more) and be advised of the best way to proceed. The other way is educating yourself. Read as much as you can to prepare for court in terms of court procedures, alcohol evaluations, and so on.
Answer Applies to: Washington
Replied: 11/17/2011
Michael Edwards, Attorney at Law
Michael Edwards, Attorney at Law | Michael Edwards
I assume you mean a .07, because if you had a .7, you would be dead. J I recommend that you hire a good attorney and get help with the case. With a .07, you have a decent fight in you! Also, remember to request the driver license hearing within 10 days of the date of your arrest!
Answer Applies to: Utah
Replied: 11/17/2011
DeVito & Visconti, PA
DeVito & Visconti, PA | John E DeVito
If charged with a DUI you should consult an experienced attorney who specializes in such matters. Your case has particular merit in that your BT reading was .07, which is below the .08 presumption that you are under the influence of alcohol. If you are not charged with DUI drugs, and experienced attorney should be able to assist you in winning the case. In preparation for the case your attorney will want to meet with you and your witnesses immediately as the attorney will need extensive detail of what you did on the day of the arrest. Memories fade quickly. The details will encompass what you ate or drank during the day, what you did it work, etc. and what you consumed in the way of alcohol (when, where, with whom, over what period of time). The attorney may want to go to the scene of the arrest or at least examining a Google satellite image of the area of the arrest and the area which you drove prior to the arrest. This is a case that should be tried. You should not plea-bargain the case unless the prosecutor is willing to drop the DUI.
Answer Applies to: Massachusetts
Replied: 11/17/2011
The Law Office of Kevin O'Grady
The Law Office of Kevin O'Grady | Kevin O'Grady
The best preparation is to hire an aggressive relentless attorney that will fight for you.
Answer Applies to: Hawaii
Replied: 11/17/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    The best way to prepare is to not come in with alcohol on your breath. If you had a .07 you are not legally drunk under the California standard.
    Answer Applies to: California
    Replied: 11/17/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You should retain a good DWI attorney. You are under the legal limit but could still be convicted of a Driving While Impaired violation. Feel free to call for a consultation, I have lawyers in every city in New York State and my fees are very reasonable. A conviction for DWI can be very expensive and result in a dramatic increase in insurance, a loss of your license, and even having to install an interlock device. Getting a DWI or Impaired conviction can hurt your chances of getting a good job and a second conviction can result in a year in jail. Drinking and driving is like firing a gun at a moving train and hoping no one gets hit by the bullets. Even a small amount of alcohol can effect your motor coordination and response time. It is much safer and cheaper to call a taxi or Designated Driver, a service that will take you home or anywhere you choose in your own car. With a low test like .07 you will probably be convicted or plea to a violation of Driving While Impaired, pay a $500 fine and lose your license for 90 days.
    Answer Applies to: New York
    Replied: 11/17/2011
    The Law Firm of Aaron Bortel Esq.
    The Law Firm of Aaron Bortel Esq. | Aaron Bortel
    If you were a .07, then get some free consultations with DUI Lawyers and hire the best fit for you to fight your case. Many counties are charging DUI's for .06 or .07, using the impairment charge of 23152(a).
    Answer Applies to: California
    Replied: 11/16/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    With a lawyer. If you only got a .07, it should be reduced to something non-DUI (not wet reckless). If it's not you'll have to prepare to go to trial. You'll need a lawyer for that.
    Answer Applies to: California
    Replied: 11/16/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You will likely need to hire a DUI/Criminal Lawyer to get the charge dismissed.
    Answer Applies to: Nebraska
    Replied: 7/11/2013
    bark & karpf
    bark & karpf | peter bark
    I assume you mean .07 and not .7. You would be dead with .7. With .07 you are likely charged with DWAI, a traffic infraction. If it is your first offense, a lawyer might beat the case.
    Answer Applies to: New York
    Replied: 11/16/2011
    The Law Office of Cindy Barton
    The Law Office of Cindy Barton | Cindy Barton
    The legal limit in the state of Utah is over .08. If you were given a valid test of ,07 you were not over the legal limit. I don't understand why you were charged with DUI. There are other charges that you could have been charged with, but I think you need to make sure that you understand the evidence that the State would be using in your prosecution. Go and get a copy of the law and make sure you understand how their evidence meets the law, or does not. Really you could hire an attorney. Good luck.
    Answer Applies to: Utah
    Replied: 11/16/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    So was this a roadside test or did you provide two breath samples once in custody? Bear in mind that only the Breathalyzer is admissible in court so a roadside test will not be seen by a jury. Hire a good attorney and you can possibly get the charge reduced or dismissed PROVIDED that your driving, field sobriety test performance and physical appearance tend to show a lack of intoxication. On the other hand, you have to realize that anyone can be convicted of DUI even in the absence of a breath test. The .08 or Per se standard is only one of two ways to violate the DUI laws. The other way is to operate a motor vehicle while you are under the influence or affected by alcohol or any other substance. Therefore, if your ability to drive was lessened to an appreciable degree, you can still be convicted of DUI.
    Answer Applies to: Washington
    Replied: 11/16/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    There is very little you can do before your arraignment date. However, hiring an attorney should be the first. Another helpful task is to write down a narrative of what occurred. Typically, despite your feelings that the event will be sealed on your brain until the day that you die, your memory of certain facts will fade. Focus on the circumstances of the stop, what was said, what was done, and the timing of each event. As an attorney I want to know as much as you can recall. Sometimes it is the smallest of facts which can help turn a case. Make sure the narrative is addressed to your attorney so that it is protected by Attorney/Client privilege.
    Answer Applies to: California
    Replied: 11/16/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Get an attorney and go over the facts of the case with him. There is not enough information to answer thisquestion which depends on the facts of the case.
    Answer Applies to: Michigan
    Replied: 11/16/2011
    The Zwiebel Law Firm, LLC
    The Zwiebel Law Firm, LLC | Elizabeth Zwiebel
    Hire an attorney. Anything below the legal limit should be litigated by an attorney for either a lesser charge or dismissal.
    Answer Applies to: Alabama
    Replied: 11/16/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    It is not a good idea to proceed to trial without a good lawyer. There are preparations that need to be made, such as obtaining discovery from the D.A.s office, hiring an expert and supoenaing witnesses. Without going into an exhaustive list of trial preparations, the services of a lawyer are strongly advised.
    Answer Applies to: California
    Replied: 11/16/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Hire a good attorney. Don't think that because you blew a .07 (legal limit is .08), that you have nothing to worry about because you blew under the legal limit. The DUI statute reads ".. Having a blood alcohol reading of .08 or above OR whose driving has been affected to an appreciable degree." With a .07 you could still be tried and convicted of a DUI. Hire an attorney who has experience in this area. Do not take this matter lightly.
    Answer Applies to: Washington
    Replied: 11/16/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You need to have an attorney. The response in court is not guilty and you want an attorney.
    Answer Applies to: California
    Replied: 11/16/2011
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    Your question would be similar to asking, "What do I look for when I want to buy a car?" Every case has specific qualities to it. There is no blanket answer. Your BAC is low enough to negotiate a lower offense or maybe no offense. Call a lawyer.
    Answer Applies to: New York
    Replied: 11/16/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    I am guessing you mean your breath test was a .07 (at .7 you would likely be dead). Your question is unclear but seems you took only a Preliminary Breath Test at the roadside which in Colorado is not admissible in Court. I assume then they determined you 'refused' a test at the jail. So you need to look into both the DMV consequences (1 year no driving due to a refusal) and the way things will go in Court. An attorney really needs to hear all the facts from you and review the police reports before any solid advise can be given, so consult a local experienced DUI lawyer.
    Answer Applies to: Colorado
    Replied: 11/16/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    I suppose you mean at .07. See if they actually charge you with a crime. If so hire an experienced criminal law specialist.
    Answer Applies to: California
    Replied: 11/16/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Hire a lawyer. That may sound a little snotty but the fact is you asked a simple question, what is the best way to prepare for a trial? The answer is hire a lawyer who knows how to do this. Simply put, the district attorney (prosecutor) is a professional, they know the law, they know how to present evidence and the Judge will not help you. Just because the cop screwed up does not mean you win, it means the DA has to work harder or bluff you. A defense lawyer will know how to file pre-trial motions, get some evidence excluded, cross examine the cop (who is, based on your facts set out in the question, the only evidence the state has to offer), and make arguments and objections. This is suicide to do alone. If you insist on going to court without a lawyer, you will be convicted on the cops word and the cops word alone. The State will produce no other witnesses, no other evidence and you will be found guilty because the cop says you are guilty. You do not know how to cross examine a cop, you do not know the law, and you will not know the legal standard the DA must meet. No one, absolutely no one can teach you this material in a short time via questions on the internet. Anyone who purports to advise you how to win on your own is setting you up for failure.
    Answer Applies to: Texas
    Replied: 11/16/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    You should be represented by a competent attorney. If you really had a BAC of 0.07 it is below the legal limit and would provide a defense if there is no other evidence.
    Answer Applies to: Michigan
    Replied: 11/16/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    Hire a good DUI lawyer. If they never gave you another test at the jail, they might be claiming that you refused that test. You need to talk to a lawyer quickly to see if you need to send a letter to protect your driver's license. These letters need to be mailed within 10 business days of arrest.
    Answer Applies to: Georgia
    Replied: 11/16/2011
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    I am guessing that you blew a .07 on a portable (hand-held) breath test device (PBT). If so, then that reading is not admissible at trial, although it is under the per se limit (assuming you are at least 21 years old and were not driving a commercial vehicle). The officer can tell the jury that you blew into the PBT and it detected alcohol, and the jury will never know that the reading was below the limit. You really should meet with a DUI lawyer in your local area.
    Answer Applies to: Georgia
    Replied: 11/16/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    You have to be .08 to be charged with DUI. You need to have an experienced DUI attorney review the case against you. There may be errors that could get the charges reduced or dismissed. If not, you will still need him to prepare for and try your case or to orchestrate the best possible plea deal. A lot is at stake and you should not go at it alone.
    Answer Applies to: Michigan
    Replied: 11/16/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Get a DUI specialist to represent you. That is the best way to prepare. And do it soon, because the DMV may suspend your license regardless if a hearing is not timely requested.
    Answer Applies to: California
    Replied: 11/16/2011
    Law Office of Thomas A. Medford, Jr., PC
    Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
    The best way to prepare for a DUI case in court is to fully and truthfully, is close all the facts to your attorney and follow his or her instructions concerning the litigation of the case.
    Answer Applies to: District of Columbia
    Replied: 11/16/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    I hope you mean .07. At .7, you would be DOA. Unless you are under 21, .07 is under the legal limit and for DUI charges to stick, you must have failed the field sobriety tests. If you are under 21 then .07 is a DUI, actually anything more than .00 can be a DUI. The best way to prepare is to write out everything you can remember about the stop and arrest for your attorney.
    Answer Applies to: Washington
    Replied: 11/16/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    The best thing to do is to have an experienced DUI attorney handle this matter for you. Trying to handle a criminal DUI matter in court with no court procedure experience and forensic toxicology knowledge is a big risk to take.
    Answer Applies to: California
    Replied: 11/16/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Better engage the services of a competent criminal defense counsel with experience in defending DUI cases to represent you.
    Answer Applies to: Virginia
    Replied: 11/16/2011
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    Courts will often impose harsh and restrictive bond conditions such as S.C.R.A.M. Ankle Monitor, Interlock Systems in your vehicle, and daily reporting. Each case is different. DUI is a complicated area of the law. There are many specialists out there that only practice DUI defense. Don't believe that you will be able to prevail without an attorney.
    Answer Applies to: Wyoming
    Replied: 11/16/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    Speak with a criminal defense lawyer right away and make sure that you request a DMV hearing.
    Answer Applies to: California
    Replied: 11/16/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    First, you need to get e lawyer. Let him take the lead. That's what you pay him for.
    Answer Applies to: New York
    Replied: 11/16/2011
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    The obvious answer is get a good lawyer to undertake a thorough review of the case. 0.07 is exceptionally low so I am guessing there is more to this story and that they will try to prove you guilty of general impairment based upon an accident and/or field sobriety testing. The hand held "PBT" result will not be admissible to prove your guilt.
    Answer Applies to: Pennsylvania
    Replied: 11/16/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    Assuming you mean a .07%, then you are likely looking at a careless driving at worst, which usually means probation and a fine, and maybe a chemical evaluation. But if there was no indication that the alcohol affected your ability to drive, you may want to hold out for a dismissal as driving with a .07 BAC is not illegal.
    Answer Applies to: Minnesota
    Replied: 11/15/2011
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    Presumably you are not representing yourself so your attorney should be preparing you. Since this area of law is so rich in strategy and science, your question is much too broad for a specific response, not to mention there aren't enough facts about your specific case. You should set aside a few hours to speak with your attorney and ask them how they are preparing and what their strategy is, as well as, their assessment of the strength of the evidence against you.
    Answer Applies to: New York
    Replied: 11/15/2011
    Law Offices of Christopher Jackson
    Law Offices of Christopher Jackson | Christopher L. Jackson
    Hire a lawyer and go over the reasons for the stop, whether you took any field sobriety tests or other information that the prosecutor could use against you.
    Answer Applies to: Kentucky
    Replied: 11/15/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    The best way to prepare is to retain an experienced attorney. See website on how to retain the right attorney. You write that you blew .7. That is incorrect. If were correct you would have a 70 % blood alcohol concentration and you would be dead. So, I assume you mean .07.
    Answer Applies to: Georgia
    Replied: 11/15/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You can help yourself by hiring a good attorney who can sit down with you and discuss the case. Once he appears in court with you, he should be able to get his hands on the police reports and other evidence the state has in its possession. After considering everything, he will discuss your options with you, be it plea bargaining or going to trial.
    Answer Applies to: Illinois
    Replied: 11/15/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    Hire an attorney. The facts that your breath test was under the California legal limit and you were not given a subsequent test at the station are very positive for your defense. However, District Attorneys are hesitant to dismiss cases based off those factors so a trial may be necessary.
    Answer Applies to: California
    Replied: 11/15/2011
    Law Offices of Paula Drake
    Law Offices of Paula Drake | Paula Drake
    Are you saying you had a .07 and you are charged only with under the influence? If so, get an attorney to fight the charge in court. You do not have the expertise to prepare the case yourself. If you can't afford an attorney, get the court to appoint you one.
    Answer Applies to: California
    Replied: 11/15/2011
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