What happens if I blew an .08 in a DUI? How? 8 Answers as of September 01, 2015I stopped for a few drinks on my way home from work. I took a different route home that I am not familiar with. I ended up going the wrong direction on a one way street and didn't realize it. An officer pulled me over and gave me a DUI test. The results were .08 even though I had waited an hour after my last drink to drive. I have never had and offense before this; I have a clean record. What will this do to my driver's license? Given the situation should I seek an attorney or would a public defender be better? What kind of fines am I going to incur?
Universal Law Group, Inc. | Francis John Cowhig
The decision as to retain a private attorney or be represented by a public defender is a personal one, which you must make. Like everything else in life there are good/bad private attorneys and good/bad public defenders. The main differences are: a. you are able to choose your private attorney and fire him if you do not think he is doing a good job defending you b. with a public defender you have no input into who you get and it is usually extremely difficult to have your public defender replaced with another public defender, if you are not comfortable with him/her c. due to the case load of most, if not all, public defenders, your appointed attorney may not have the time to explain everything to you that you need to know or answer all your questions d. a private attorney can give you the "personal" touch you may want and should have the time to explain everything to you and answer all of your questions. There are pros and cons to either choice, but these are the main differences. With that being said, as far as your .08 BAC, an experienced criminal defense attorney may be able to have the DUI reduced to a wet (and on rare occasions) or dry reckless charge.
Answer Applies to: California
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Assuming that this is a Wisconsin case, then you would likely face eight forfeiture totaling about $1000. You are probably not eligible for a public defender because there is no jail time as part of the penalty. It would be good to talk to a lawyer who may have ideas about avoiding a conviction.
Answer Applies to: Wisconsin
Freeborn Law Offices, P.S. | Steve Freeborn
Driving the wrong way on a one way street is certainly probable cause for a police officer to pull you over. You don't say how much you had to drink. Apparently waiting one hour was not sufficient time to allow the alcohol to dissipate from your body. A DUI is punishable by up to a year in jail and a $5,000.00 fine. There are mandatory minimum penalties: one day in jail and about $1,000.00 in fines. In addition you will loose your license for 90 days on a first offense. You may also be required to have an interlock installed in your car ( a machine that you have to blow into in order to enable your car to start. There are also other issues, like alcohol evaluation and possible treatment. This is very serious. I recommend that you retain an attorney to help you through this process.
Answer Applies to: Washington