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Can not knowing that the beer contained whiskey that got you over the 0.08 BAC limit be considered an involuntary intoxication?
In my DUI case, I never asked myself a question how come three light beers at 4.2 alc./vol and two 16oz Oberons at 5.8alc/vol got me over the .08 BAC... I used some BAC calculators calculation and none puts me over the .08. My PBT 30 minutes after last Oberon was .1.13 and DataMaster 1hr 46 minutes after was .08. Now, I realized that the strangers I was playing pool and drinking after somewhat mocking the American beers (sorry!) got me those Oberons and told me "you will like it, this is a special one". I am positive now they added whiskey to them! This would add up on the BAC calculators. Is it a valid and reasonable doubt-level defense?
You could certainly try to sell that. I very, very, very much doubt any judge will buy it. Good luck.
Does BAC at the time of driving calculated using Widmark's retrograde extrapolation method matters in Michigan DUI cases?
I am a male that was tested with 0.08 BAC by DataMaster DTM 1:46 minutes after detention. I finished my last 16oz draft Oberon with 5.8% alc/vol at 2:15AM. Using Widmark's retrograde extrapolation method with average elimination rate of 0.015/hr, 184Lbs weight it results with 0.068347 BAC (or 0.07 if rounded). I have a bank statement showing my tab being closed at 2:04AM. Even with finishing the drink exactly at the last call 1:45AM (which is impossible) this would give me BAC at the stop time of 0.076. Does this argument have any weight in Michigan courts?
A retrograde extrapolation can be a winning argument, but it is up to a jury. The evidence would need to be presented...
Please define the restrictions to my restricted license.
I just received a restricted license. It has terms on it that state I may not consume any intoxicants, or any drug/alcohol related activity. I received a Dui, which resulted in this. I am not an alcoholic, in fact I drink socially once a month or so. I made a bad judgement call by driving after having a couple glasses of wine at a class reunion. Does this restriction apply to when i am driving or all the time? If i am not driving i do not understand whose business it is. I am not on probation with the court and I am using an interlock system for a year.
You can't drive with any measurable amount of so how in your system. I tell clients 24 hours between drinking and...
How can i keep from losing my license?
I have a restricted license and an interlock on my car. My DUI was in 2007. Despite zero violations from 2008-2013 i was not able to get it off. I couldn't afford an attorney to fight it. Last year i started drinking again. I had 3 violations. They were in Jan, March and October 2014. I blew .03 in my vehicle each time. I received a show cause hearing last week to appear in court today for those violations. I have not had a drink since October 20, 2014. I attend AA every day and see a counselor. The lady at SOS told me I violated my restricted license by drinking in general. I was never told i couldn't drink at all. Drinking and driving no, but where does it state no drinking alcohol period? I have been off probation since 2008.
Your best chance for minimizing the consequences of your recent violations is go hire a good attorney who handles...
I have interlock on my vehicle. I have had it on for nearly 5 years. I was denied my initial request to have it removed in 2012 due to a couple failed tests in 2010. I had zero failed tests and didn't drink at all from November 2010-April 2014. I relapsed in May 2014. I blew a .13 in the interlock. I also had 2 failed tests in October 2014 (both .03). Since then I have not had one drink and go to AA 5 days a week (i have signed sheets). Today I received a letter from the SOS to report in less than 2 weeks for a hearing. Can i lose my license? I work 45 minutes away and my wife and I have 4 children. I cannot lose my job.
Reapply to the court. Actually you should have an attorney apply for you.
My mother's boyfriend is a drunk and ruins every Holiday. He has a warrant out and I was wondering can I have him picked up?
He owes child support.
You can try. If you call the police with a location for a fugitive they will likely come out to see if they can't make...
Can a dui hurt my chances for employment?
I was offered a job at a amazing company. I filled out and sent in all my paperwork and they informed me there would be a background check. I had no worries. She told me I would probably start the following Monday. That was 2 weeks ago!! They kept telling me the office was backlogged with tons of checks so it would take a while. Last Friday was my last day at my old job. Now I get a call it was red flagged due to DUI's in 2004 and 2007! Will that cost me this job? They already offered it to me so I am now unemployed.
Any criminal offenses can affect your chances of getting certain jobs. DUI's are particularly tricky, especially if it...
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