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If my breath results were below twice the limit but my blood was over that limit. Can I plead for the lesser charge? And how?
I was pulled over and my breathalyzer results were over double the legal limit but under twice the legal limit. .139. I was arrested for a DUI and taken in for a blood draw which came back to be .168 which is double the legal limit. If I go to court I'm not planning to fight the charges but am wondering if there is some way to argue or plead the charges down where I would not have to install an interlock device. It's not so much the device but more the costs that I'd like to avoid. I'm just wondering if there is some legal argument I could present as my breathalyzer results were .21 below the level considered double the legal limit.
First, your math is off. Over double the legal limit means over twice the legal limit. The legal limit is .08. The...
Is this a valid argument in court? Is there an accepted legal range that breathalyzers may vary?
I was pulled over and charged with a DUI. I did not get any results my breathalyzer test when it was given I was simply told I was under arrest for a DUI. I was brought in for a blood draw and booked and released. My blood test results came back first and it registered at .168 which would put me at twice the limit. My police report indicates my breathalyzer registered at .139. I was pulled over directly in front of my house and had a drink or two immediately before I left to drive so I'm assuming my BAC was climbing during the stop. There was an hour or so difference between the breathalyzer and the blood draw. Since my breathalyzer results were .21 under the limit for twice the limit and I was no longer going to be driving yet my BAC was still climbing prior to the blood draw I'm wondering if I can argue for a DUI instead of double. It's a big difference in my state.
It is a little hard to make sense of this factually, but if the following is true, then no. If the .139 was a PBT...
What can happen since I was denied an opportunity to get a 2nd blood draw at my own expense in Wisconsin?
During a DUI blood draw I requested multiple times to hire a second blood sample. However I was denied. I had funds, was compliant with the officers, and was not intoxicated. My results came back and the BAC is really high, really high. I feel that my rights have been violated, and worse this BAC is completely incorrect. Also not being able to hire a second draw really concerns me with the accuracy of the first one. I later took a breath test and it's results were quite lower. Is there anything I could do?
Ask the court for a blood split to retest the blood and it's not unusual to take a test later that was lower...BAC...
Is there any chance to reduce a 2nd offense OWI to a 2nd 1st offense OWI in La Crosse, WI?
I was cited a 2nd offense OWI recently in La Crosse, WI, which was 9 years and 50 weeks apart from the 1st OWI (4/2/05). I have a very good job which could be at risk, and would like to avoid incarceration at all costs (or minimize to 48 hours). Would any lawyer in the area be able to reduce this to no jail time? Thank you in advance for your responses.
Because your OWI arrest was within 10 years of the previous OWI arrest date (conviction dates are irrelevant) you are...
Can I get my underage drinking ticket reduced to a non-alcohol offense by attending my court date?
20 years old without an prior offenses
Maybe. In a lot municipalities a first offense ends with a diversion. You take a class, don't commit any crimes for...
Two dui's in wisconsin prevent RN licensure?
Both duis were received in 2008 and 2009. I am currently a 2nd year nursing student and am worried about licensing. I have been attempting to contact the board of nursing in regards to this issue with no response. I guess I am wondering if there is anything I can do to ensure I can take my licensing exam and what will my job outlook be like. Thank you
I would contact a licensing attorney in Wisconsin. I am not licensed to practice law in Wisconsin, however, I can tell...
I got arrested and ticketed under the absolute sobriety law because I fell asleep in my car at a gas station waiting for my ride
I'm 19. They said they have it on tape of me driving into the gas station. I had gone into the bathroom and when I came out the officers were waiting for me. I asked if i could call my mom and they said no. They gave me a field sobriety test (which they said I failed) and I blew a .082 initially and they put me in handcuffs and took me to give blood which showed a .062, So I was processed (as I was balling my eyes out the entire time b/c I'd never been arrested). I don't understand that if this was just a "traffic ticket" they told me, why was I arrested? I wasn't in my car when the police came, I hadn't done anything. I had just fallen asleep waiting for my mom after working, school, and hanging out with stupid guys that used me.
It is unclear from your question whether you drove or not. If your car was parked there all day and you merely napped...