What can I do best to defend myself from a DUI if I honestly was not drinking? 8 Answers as of June 18, 2015

I was followed by CHP on 2 Fwy's and pulled over after exiting 2 block's from my home. At the time my license was suspended for a prior DUI. I was given a ticket for speeding at an exit a mile back, driving on suspended license, & given a breathalyzer which came back 0.02 and my car impounded. I was told to walk the two blocks home. I hadn't drank but worked a double shift at my hospital & found out from the DUI instructors in my current program from the 1st conviction that the reading may have come from me using mouthwash when I changed & freshened right before my drive home. I'm wondering what I can best do to defend myself & if I honestly tell the judge that I had no alcohol & that it was from my mouthwash if the DUI charge will be dropped. The other charges I'm not as concerned.

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
The judge does not have the power to drop your charges. SO, you will either convince the prosecutor (doubt it), or the jury, at your jury trial.
Answer Applies to: Georgia
Replied: 6/18/2015
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
If you're under 21, you need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answer Applies to: California
Replied: 6/15/2015
Ksicinski | Paul Ksicinski
Why on God's green earth do you feel you are qualified to defend yourself in court? The prosecution thinks they need a lawyer to convict you. Don't you think you should have a lawyer to defend you? Or do you believe we have a perfect system so that innocent people cannot be convicted? When you go to the doctor because you feel you are sick, do you tell the doctor what medical procedures he/she should follow? when tan do you presume to believe you can defend yourself in court when you do not know the rules in court? Spare yourself worse problems, get a lawyer now!!
Answer Applies to: Wisconsin
Replied: 6/15/2015
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
You ask how best to defend your self.... hire an attorney as the charges you look at , even excluding the DUI, are quite serious.
Answer Applies to: Washington
Replied: 6/15/2015
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
You need to hire a lawyer? Are you under twenty one? Did the cop wait 15 minutes before giving you the test? Was the machine calibrated for accuracy at low levels of alcohol?
Answer Applies to: California
Replied: 6/15/2015
    Ty Wilson Law | Ty Wilson
    Your DUI charge will NOT be dropped. The state has you and even though they have to prove your guilt beyond a reasonable doubt you are going to need legal representation. Most counties have a public defenders office, see if you qualify, if you do you may have your legal representation provided for you. What they have to prove likely is that you were less safe to drive because there was some alcohol in your system, they have .02, you have that you think it was mouthwash. They do not care where or what the alcohol came from they are trying to convict you and will apply pressure by pursuing your guilty plea. Do yourself a favor and contact the public defenders office and see if you qualify for legal representation, you may have the ability to beat this charge, but you likely do not have a great chance of the Judge dismissing the case based upon you stating you did not drink. The judge will let you put up evidence your testimony that you did not drink, and the judge will allow the prosecutor to put up evidence confirming the presents of alcohol in your system, then it will be up to the judge or the jury to decide if you should be convicted on the DUI "less safe" charge. Also of note, the District Attorney may file a document to allow prior convictions in for your past DUI. This is where it would be critical to have an attorney. Good luck.
    Answer Applies to: Georgia
    Replied: 6/15/2015
    Connell-Savela | Jason Savela
    Well, are you still on probation? Does the probation restrict alcohol? If so, then you are facing probation revocation and potentially 1 year of jail. This may be the case even if they cannot prove you were drinking. Were you charged with DUI this time? Unlikely given these facts. Only a juvenile is DUI at that level. The DUR-a carries a 30 day minimum mandatory jail sentence - still not worried about it? It also adds 12 months to your suspension. Likely, you can get an interlock license right now. You should. It might help you avoid a moving violation that would cause 12 months of additional suspension to your license. Get a lawyer.
    Answer Applies to: Colorado
    Replied: 6/15/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    It sounds like your question is from some state other than Wisconsin. This is the Wisconsin this site. You would do well to consult a California lawyer.
    Answer Applies to: Wisconsin
    Replied: 6/15/2015
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