Boulevard, CA DUI Law Firms & Lawyers

You must complete all terms and conditions of probation. Once this is done, most Judges want to see a minimum of half the probationary period served before they will consider expungement.

I am a little unclear on your situation. Are you saying that you were pulled over, took the portable breath test (BT) at the scene and then the police officer (P.O.) allowed you to drive home after blowing a 1.0??? If that is the case, you got very lucky. The portable BT is not admissible as evidence in MA courts. If the P.O. didn't give you any field sobriety tests and the portable BT is inadmissible, then there is NO admissible evidence except the police officer's observations of your driving and demeanor at the scene. Those two things would never convict you, especially if he let you drive away from the scene. There is something very strange about your situation. If a P.O. knows that you are over the legal limit (1.0% on the portable BT), it is virtually unheard of for a P.O. to then let you drive away. If this did in fact happen like this, you are the luckiest person in MA. You will NOT be charged with anything. Can you image the cop answering questions on cross examination? "So, officer, you believed my client was intoxicated, correct?" - Yes "But you then let him/her drive from that location, correct?" - Yes The cop cannot say that he thought your ability to drive was impaired and then he let you drive away. You should be fine.

Dui's with your circumstances are frequently amended to lesser charges that avoid jail sentences; however, ALL defendants convicted of DUI MUST receive a jail sentence of at least one day (24 hours) in the local jail. Whether a reduction is available depends on a myriad of factors. You should immediately seek the advice of an experienced, local attorney who knows the prosecutor handling your case.