What are my chances of beating a DUI charge especially for a supposed failed breathalyser test?

UPDATED: Aug 23, 2011

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What are my chances of beating a DUI charge especially for a supposed failed breathalyser test?

I was given the eye exam (follow my finger) but it didn’t go as well as my peripheral vision isn’t as good as some people’s. I was also given the walk-the-line exam. I told the officer I had broken my ankles a few years ago, and it would be hard for me to do this but he had me do it anyway. I walked it without falling but I did wobble. At the scene I blew .17 and was arrested. While in booking they asked me to sign some paperwork. I asked them to explain the paperwork to me but they couldn’t so I didn’t sign it, which meant I refused to take the breathalyzer.I was held in a cell for 6+ hours. Should I speak with a DUI attorney? In Garland County, AR.

Asked on August 23, 2011 Arkansas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Given the fact that your blood alcohol level was .17 where in California the legal limit is less than .08 to drive a motor vehicle coupled with the fact that you performed poorly on your field sibriety test resulting in your arrest for driving a motor vehicle under the influence of alcohol, the chances of you not being convicted of the charge is pretty remote.

Given the high blood alcohol level that you had (.17), there is a chance that you could also be charged with an enhancement for this high blood alcohol level in addition to the DUI offense.

Given your circumstances, retaining a criminal defense attorney concerning your recent arrest would be a wise decision.

Good luck.

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