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Trinchera Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Trinchera 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).
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Michael S. Emmons
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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.

Will I have jail time for a possible charge for driving while suspended?

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Answered by attorney Terry Alan Nelson (Unclaimed Profile)
DUI/DWI lawyer at Nelson & Lawless
Every crime carries potential jail or prison upon conviction. Yours is a misdemeanor with up to a year in jail The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, expected testimony, priors history, etc. Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential ?time? and other penalties you face. 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 motions, plea bargain, or take it to trial if appropriate.
Every crime carries potential jail or prison upon conviction. Yours is a misdemeanor with up to a year in jail The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, expected testimony, priors history, etc. Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential ?time? and other penalties you face. 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 motions, plea bargain, or take it to trial if appropriate.
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If I had blood drawn and the results read .08 alcohol in my system, was I legally intoxicated?

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Answered by attorney Francis John Cowhig (Unclaimed Profile)
DUI/DWI lawyer at Francis John Cowhig
A blood alcohol level of .08 or above raises the presumption that you were intoxicated. However, with a good attorney, you may be able to plead down to a wet reckless charge.
A blood alcohol level of .08 or above raises the presumption that you were intoxicated. However, with a good attorney, you may be able to plead down to a wet reckless charge.
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Can I be charged with 23152(b) if I refuse the BAC tests?

A. Marie Felsen
Answered by attorney A. Marie Felsen (Unclaimed Profile)
DUI/DWI lawyer at Law Office of A. Marie Felsen, Esq.
You will probably be charged with VC 23152(a) which is based on Field Sobriety Test and the Police statements that you were not fit to drive. Penalties are the same - most people are arrested for both 23152 (a & b) but convicted of one or the other. Did you do the right thing? Well, we usually do not recommend what you did because now you are probably facing a one year suspension by the DMV with no possible restricted license. then again, on the other hand, there is less evidence on you... so I suppose it might help you out if you were to go to court. Hard to say.
You will probably be charged with VC 23152(a) which is based on Field Sobriety Test and the Police statements that you were not fit to drive. Penalties are the same - most people are arrested for both 23152 (a & b) but convicted of one or the other. Did you do the right thing? Well, we usually do not recommend what you did because now you are probably facing a one year suspension by the DMV with no possible restricted license. then again, on the other hand, there is less evidence on you... so I suppose it might help you out if you were to go to court. Hard to say.
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