I plan on attending the DMV hearing without an attorney. I have done extensive research on evidence that may be able to get me out of a DUI. For example, the California officer stated that I had been swerving but if the police camera were to be reviewed, I am 100% positive I was not. I completed all of the field sobriety tests with flying colors but blew .08 then .09 under the breathalyzer. After I got to the station about 20 to 30 minutes after, I blew .11 and .10 meaning my Blood Alcohol Content may have been increasing over time. Not only does this show evidence that the PAS devices may not be accurate, but also that at the time that I was driving, I was under .08. Since it took about 20 to 30 minutes to initialize the first breathalyzer test after I had been pulled over and in that same amount of time I rose a maximum of .03, it can be argued that during the officer’s investigation is when my BAC reached .08 or .09. I was only 2 minutes away from where I was headed and if the officer had not pulled me over, I would have been off of the road before my BAC reached .08. This is my main argument, however I do not know what documents I would need to prove this. Can somebody offer me advice and suggestions on what to do? I cannot simply stand by and be charged guilty for something I am innocent for.

i live in Texas. i was recently pulled over for dwi… i was given two road side tests and then taken to jail. i spent about 8 hours in a cell before i was even booked. the two tests i was given were the "follow the pen test" and "stick your leg out test". im assuming i failed both because yeah i went to jail that night.. but i never received the breathalyzer test. its not that i refused to take the test it, it was never even mentioned. like i said i didnt even get booked until 8 hours later. i pleaded not guilty and obviously im getting a lawyer. Scientific studies show that neither road side tests given to me are near 80% accurate…. what are my chances of getting off on this charge? i didnt have my glasses for the eye test. i’ve got an injured shoulder and back from getting too aggressive at the gym so that might help with the leg test… Any thoughts?
Ok im not a lawyer or anything but i’ve done some extensive research. The pen test can be misleading due to the fact the same clues to DWI are also shown in people who have high levels of nicotine in their system and can commonly be mistaken as someone being over the legal limit of .08 . i applaud your response and thank you for your advice but, i don’t expect your next response to claim you are some type of scientist or a doctor..You, as the officer before you, were trained by fellow officers and certefied within the police academy. My problem is that i WASNT over the legal driving limit and the breathalyzar would have shown that. Rather than collecting a resisting arrest charge i picked up my chips and cashed out.. When i was thrown in a cell and booked 8 hours later it deemed the breathalyzer useless… How is that my fault? i expected to receive this test with a jailor and instead they took down my name,threw me in a cell and forgot about me. telltale signs of a false arrest? why w

On the front page criminal complaint it says that i am being charged for aggravated dwi -> "drive a vehicle or motor vehicle while under the influence of intoxicating liquor or drugs; and did refuse to submit a chemical breath test as required by the state law implied consent act; contrary to nmsa 1978, S 66-12-102. (a misdemeanor)".. Aggravated dwi because refusal to submit a breathalyzer. i have the paper that shows i did submit a breathalyzer test. In the paperwork that the officer filled out it said i agreed. even the mvd paper says i submitted. Unfortunately i blew enough for an aggravated. The complaint doesn’t mention the BAC.. because the paperwork complaint says that i refused mean i am being charged aggravated dwi based on a refusal? and because one page says one thing and another says the other have any effect on the charge? Does the inconsistency between the complaint and the officers story and the mvd sheet help me in any way? Is it possible to get the charge dropped? And because i blew enough for an aggravated can i be charged for aggravated dwi again? Is it all the same? Am i hoping for a miracle? any advice at all can help. i have yet to meet my lawyer but i will in a couple days. in a couple days. im trying to get all the info i can.

I was arrested on May 23 on suspicion of DUI. I refused the breathalyzer test, and they took my blood instead several hours later. Does anyone know how to get the results of the BAC test without an attorney?

I was arrested for DWI and I have no arrest record or have ever had so much as a speeding ticket. I also refused the breathalyzer test because I was scared and didn’t know what to do. I’m definitely getting a lawyer but I’m just sick about this. I made such a huge mistake and I could use some information.

I was recently arrested for DWI in San Antonio. I know better than to drink and drive but I lost judgment and did it anyway. I took the breathalyzer test and blew .10. The cops were pretty harsh and I understand why but, I feel they were exceptionaly harsh. Now I am looking for the best DWI lawyer in San Antonio to take up my case and help me fight it. Any help would be apprieciated and please do not leave comments about how I am an idiot for drunk driving…..I know it was stupid!

I was recently pulled over for an expired tag in Birmingham and told that I had an outstanding warrant in Tuscaloosa for a DUI from 2005. I was taken to Tuscaloosa Police Department and had a court date set. At my court date I had to plead not guilty to get a continuance and now at my next court date I need a lawyer to get the case dismissed. I wasn’t even in the car when the cops came to the wreck, I was never read my rights, never arrested, never asked to take a Breathalyzer test. I was taken to the hospital by ambulance and released the next day. I am now on disability and have 5 children. If I go to jail, my check and the checks they receive on my behalf each month will be taken away. I need a good lawyer that can work out payment plans. My court date is next Tuesday, October 28, 2008. Please help me if you know anyone!!!!

I refused the roadside tests but at the station I wanted to take the breathalyzer test. The officers said that I refused the test. I had a lawyer on my cell phone, I mentioned to the lawyer that I wanted to take the test. The officers were in my presence at that point. The lawyer then requested to talk to the officer. The officer didn’t listen and hung up the phone after 30 seconds.

Did the officers act illegally by refusing my request to do the breathalyzer at the station?

Can I take the officers or the state to civil court? What damages could I recover?

How likely is it that I can get the criminial case thrown out, because the officers denied me crucial evidence?

ok heres the deal i dont want any answers telling me to contact a lawyer. i already know i need to do that and i am. if you don’t know the answer to my question please just don’t answer. i’m not trying to be mean or anything i just don’t need those answers. thank you.

ok now i was arrested for DUI. when the office asked me to take a breathalyzer test i said i will but can my mother be here (im only 19) he said ok went to call her she didnt answer then he just got back in the car and drove to the jail. when we got there and he showed me his report it said i refused the test. i told him right there i didnt refuse i just wanted my mother there and i had no problem with taking it. he said don’t worry about it because it just had to be worded that way. now to me it seems as if he did something wrong because in my eyes i didnt refuse and he never asked me if i would take one without her there. i think he messed up.
so my question is if we go to court what do you think will happen as far as that story goes with the breathalyzer test?
will they be able to say i really refused it?
is it a slip up on his part?

remember i already know what i did was wrong i dont need a counseling session and i already know i need to get a lawyer regardless i am just trying to get some idea of how that is going to be taken in court before hand.
thank you
i felt that asking for my mother to be there was the same thing as asking for my attorney to be there. i just wanted some one else there because i had never done that before and just wanted to make sure the cops were doing everything right.

Ok..i’m in sort of a big predicament. My bf and I got pulled over and he is, I believe, charged with a dui. He has recieved a dwi in 04′, so I’m really stressed out and nervous here. I was actually the one that was too drunk and had called for him to pick me up at a friend’s house…had way too much to drink, i know…uncool….he came over and hung out for a little bit and had a couple of beer….but he’s a big dude so couple of beers won’t do anything to him…

Anyways..it was about 2:30 in the moring when we got pulled over…My bf confessed to having a couple of beers and I told the officers the whole story….they administered the Sobreiety test?..on him while i was in the car…I wanted to get out to explain to them but they insisted i sit in the car…anyways…i could hear the officer telling my bf that they could totally smell alcohol on me and not much from him….i also pleaded with the other officer that it was my fault that i had called him to come pick me up and i didn’t want him to get in trouble because of me…he assured me everything would be fine and that it seems my bf is ok….well i guess he did ok for the first test but then they did the breathalyzer test and i guess thats where he failed….

Anyways i don’t really know about any of these things…pertainig to dui laws and stuff…Im a big goodie goodie….i can’t believe i allowed this to happen….but my bf told me they didn’t discuss with him anything …like if he passed either of the test…or if they were gonna charge him anything….they just told him he had to go to jail for 6 hours to sober up and that i can pick him up in the morning…they actually even drove his car home for him….his court date is coming up in couple of weeks and i’ve been checking stuff up online….should he get a dui attorney???…considering this would be his second offense…and also since he was charged with a dwi the first time…say he did get a dui this time…would that be considered a second offense or a first offense?…are they two different thigns?….

my bf is 28…he was a bit of a trouble maker in his younger days…but ever since getting with me he has cleaned up his act considerably….his record is clean though except for the first dwi in 04′…he makes a decent living…but has to support both of his parents aand me….i just finished school..still trying to find a job..so we don’t actually have money to just spend…can i make payment arrangements for the attorney if we decide to get it…and lastly is this a lost cause because he did have some alcohol in his system…

sorry for so many questions….but since he hasnt been to court yet..is his license suspended or not …can he still drive around legally?…I feel so bad…i know he should’ve made better judgement considering I was the drunk one…my bf also said at the time we were the only ones on the freeway….they said he was speeding…sorry for the long story….but i do need some advise…thanks….

Designated Decoy

One night, a police officer was stalking out a particularly rowdy bar for possible violations of the driving under the influence laws. At closing time, he saw a fellow stumble out of the bar, trip on the curb, and try his keys on five different cars before he found his.

Then, sat in the front seat fumbling around with his keys for several minutes. Everyone left the bar and drove off. Finally, he started his engine and began to pull away.

The police officer was waiting for him. He stopped the driver, read him his rights and administered the Breathalyzer test. The results showed a reading of 0.0. The puzzled officer demanded to know how that could be. The driver replied, "Tonight, I’m the Designated Decoy."