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AV Preeminent Peer Rated Attorneys
Whiteface Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Whiteface 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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The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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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 an out of state probation officer find out about a drunk in public?

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Answered by attorney Andrea Rogers (Unclaimed Profile)
DUI/DWI lawyer at The Rogers Law Firm
You should hire an attorney to handle the out-of-state ticket immediately. It's possible that your probation officer won't find out about the out-of-state ticket if you get it reduced to a lesser offense. But if you just plead guilty to the out-of-state ticket, the conviction of "Drunk in Public" will be reported on your criminal record and your probation officer will see it. It's up to you, but in general it's always best to tell your probation officer about violations before they find out about it on their own.
You should hire an attorney to handle the out-of-state ticket immediately. It's possible that your probation officer won't find out about the out-of-state ticket if you get it reduced to a lesser offense. But if you just plead guilty to the out-of-state ticket, the conviction of "Drunk in Public" will be reported on your criminal record and your probation officer will see it. It's up to you, but in general it's always best to tell your probation officer about violations before they find out about it on their own.
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Can I be arrested on a public intoxication charge if I was not given a breathalyzer or blood test?

Answered by attorney Mark R. Thiessen
DUI/DWI lawyer at Thiessen Law Firm
The definition of PI is a danger to yourself an others. Its very easy to get arrested but those are difficult to prove. Hire a good attorney and fight it.
The definition of PI is a danger to yourself an others. Its very easy to get arrested but those are difficult to prove. Hire a good attorney and fight it.
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How do you find out if police have evidence?

Richard Keith Oliver
Answered by attorney Richard Keith Oliver (Unclaimed Profile)
DUI/DWI lawyer at The Law Office of Rick Oliver
The attorney is typically the person who will access to the State's file. They're not going to release their evidence to a non-lawyer, for a variety of reasons. Unfortunately, you won't be able-on your own-to determine whether he's "innocent," or not, if and until an attorney reviews their file. Usually, you don't see an arrest for DUI and tampering. DUI is a class c offense, which would apply in the case of a 19 year-old stopped for suspicion of DWI (DUI is the offense applicable to underage drivers - the burden of proof required to convict a person of DUI is not the same as that which is required to convict an adult of DWI). If the officer was able to articulate "any detectable amount" of alcohol, then your son could in fact be guilty of DUI. Tampering, in these situations, usually implies a person destroyed potential evidence. If it was a drug case, and, for example, he swallowed whatever the substance was, that would considered tampering. And there is no such thing as an inconclusive breath test. It's either above the limit; or not. Again, the "limit," or 0.08 g/ml, does not apply in a DUI case.  Mostly, I've offered a bunch of educated guesses, given the limited facts provided. An attorney would very likely be able to answer more intelligently with additional information.
The attorney is typically the person who will access to the State's file. They're not going to release their evidence to a non-lawyer, for a variety of reasons. Unfortunately, you won't be able-on your own-to determine whether he's "innocent," or not, if and until an attorney reviews their file. Usually, you don't see an arrest for DUI and tampering. DUI is a class c offense, which would apply in the case of a 19 year-old stopped for suspicion of DWI (DUI is the offense applicable to underage drivers - the burden of proof required to convict a person of DUI is not the same as that which is required to convict an adult of DWI). If the officer was able to articulate "any detectable amount" of alcohol, then your son could in fact be guilty of DUI. Tampering, in these situations, usually implies a person destroyed potential evidence. If it was a drug case, and, for example, he swallowed whatever the substance was, that would considered tampering. And there is no such thing as an inconclusive breath test. It's either above the limit; or not. Again, the "limit," or 0.08 g/ml, does not apply in a DUI case.  Mostly, I've offered a bunch of educated guesses, given the limited facts provided. An attorney would very likely be able to answer more intelligently with additional information.
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