Belmont, CA DUI Law Firms & Lawyers

Blew all zeros? That just means your drug of choice wasn't alcohol, in the prosecutors eyes. Since it wasn't a blood test, you have no way of re-testing it to prove no drug use. CAN the charges be thrown out? Sure. Is that likely, just because you want it? No. Arrests can never be thrown out. It is now part of your record. You have described a case where the prosecutor will proceed on DUI from drugs other than alcohol, and seek conviction on the officer's testimony as to your condition and driving. Your word and testimony about how well you thought you did, is essentially irrelevant. As you can imaging, most defendants deny being guilty. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV upon your arrest. That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you do not win the appeal, you can still apply later for a restricted license for to/from work and school, etc., after serving at least of the full suspension period. If you don't know how to do these things effectively, then hire an attorney that does. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.

Ok, there needs to be many, many more facts to give a response to this answer. Did they have an arrest warrant? If probation is revoked, the police can arrest, but typically they need an arrest warrant. Contact a local attorney who will do a free consult to go over.

There are still some questions to be answered. Assuming this was in Wisconsin, how flexible is the prosecutor in reaching plea bargains? Do you make a good appearance when you negotiate with the prosecutor? In many Wisconsin counties, on the facts you mention, the total of forfeitures (not 'fines ', which is the name for a monetary penalty for a criminal offence, which first offence operating while intoxicated is not) and surcharges is likely to be in the neigborhood of $1,400. But it could be somewhat more or less.