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AV Preeminent Peer Rated Attorneys
Newberry Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Newberry Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 546 Ashmun Street, Sault Ste. Marie, MI 49783-2244

  • 220 W. Munising Ave., Munising, MI 49862

  • 409 Ashmun St., Ste. 208, Sault Ste. Marie, MI 49783

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Commonly Asked DUI/DWI Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

How can an officer say my breath test was .10 when I didn't take one?

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Answered by attorney Lawrence Thomas Lewis (Unclaimed Profile)
DUI/DWI lawyer at Lawrence Lewis, P.C.
Two questions. First, you were not driving and given DUI. Second, you were not given breath test and .10 was placed on the paperwork. Is that right? Not that you think there were no witnesses to you being behind the wheel and you blew in the alcosensor but not the machine at the jail. You cannot represent yourself, IF you do not know what is going on.
Two questions. First, you were not driving and given DUI. Second, you were not given breath test and .10 was placed on the paperwork. Is that right? Not that you think there were no witnesses to you being behind the wheel and you blew in the alcosensor but not the machine at the jail. You cannot represent yourself, IF you do not know what is going on.
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Is it possible to get a DUI charge dropped or reduced?

Cynthia Russell Henley
Answered by attorney Cynthia Russell Henley (Unclaimed Profile)
DUI/DWI lawyer at Cynthia Henley
If you got charged with?DUI - driving under the influence as a driver under 21 - you are LUCKY if you blew a .14 because you should have been charged with DWI - driving while intoxicated. .08 or higher is presumed DWI in Texas. I think you are charged in county court with DWI (and in traffic court with the traffic offenses.) You MUST have a lawyer so hire a good one immediately. You will lose your driver's license because of your breath test but your lawyer may want to use the driver's license hearing to do discovery on the DWI. (The request for the hearing must be made within 15 days of your arrest.) Depending on the county, there is a possibility of a reduction of charges but frankly, .14 is a fairly high breath test.
If you got charged with?DUI - driving under the influence as a driver under 21 - you are LUCKY if you blew a .14 because you should have been charged with DWI - driving while intoxicated. .08 or higher is presumed DWI in Texas. I think you are charged in county court with DWI (and in traffic court with the traffic offenses.) You MUST have a lawyer so hire a good one immediately. You will lose your driver's license because of your breath test but your lawyer may want to use the driver's license hearing to do discovery on the DWI. (The request for the hearing must be made within 15 days of your arrest.) Depending on the county, there is a possibility of a reduction of charges but frankly, .14 is a fairly high breath test.
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Do I have to admit to the officer that I have had any alcohol and can I refuse a portable breathalyzer test?

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Answered by attorney Edward Jerome Blum (Unclaimed Profile)
DUI/DWI lawyer at Law Office of Edward J. Blum
No. But driving after drinking isn't the crime. Driving with .08% or while impaired is the crime. You do NOT need to take the portable breath test and should not. Unless you are on probation or under 21.
No. But driving after drinking isn't the crime. Driving with .08% or while impaired is the crime. You do NOT need to take the portable breath test and should not. Unless you are on probation or under 21.
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