March 3, 2006
First time DUI conviction - what will happen?
I am 19 years old and was arrested for DUI. They didn't take a blood test but I had been drinking some at a friend's house. Should I plead guilty? What's the worst that can happen to me? Would you recommend that I ask for a trial?
There are many factors to consider before you decide whether to take your case to trial or enter into plea negotiations. I will address some of the obvious. Do you feel that your actions when arrested will cause others to think you are under the influence? After all, some people are more easily affected by alcohol than others. Do you think you did well on the field sobriety tests? If yes, that's good. Did you take a breath or blood alcohol test? If so, what was the reading. The threshold is .08 for over 21, but I have represented clients who scored as low as .02, which is 6 points under the limit. In that case, the cop was a cowboy and we got the case dismissed and record expunged. Remember, the arrest is being recorded by video camera and much can be learned about the arrest and whether the cop followed his training when making the decision to arrest for DUI. The most important thing you can do is employ the services of an experienced DUI attorney. I have personally been trained in the administration of Field Sobriety Evaluations and know how the cop is supposed to administer the test and the passing/fail threshold on each test. You would be supprised how many times the cops do not follow their training when administering the Field Sobriety Evaluations. If not done properly, and according to their training, you can get the evidence suppressed and ultimately have the charges dropped or reduced.
Filed under Punishment issues, Trial issues by 4GeorgiaDUI Blog





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