How do you fight a DUI?

UPDATED: Jul 21, 2010

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How do you fight a DUI?

A friend was on the side of the road changing a flat tire when a police officer stopped him. The car was off and the key was not in the ignition and he was on the phone with his roadside service (for the flat). The police officer asked him to step out of the car and immediately asked him to perform a field sobriety test of lifting his foot off the ground (no reason given as to why). His foot touched the ground and he was brought to the station. Once there, he blew a .09 and the legal limit is .08. Does he have a shot at pleading this? Should he speak to a DUI attorney? In Passaic County, NJ.

Asked on July 21, 2010 under Criminal Law, New Jersey


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Yes, he should seek help from an attorney as soon as possible. In most states there is a presumption that a party is intoxicated if their BAC is over the legal limit.  And there is a presumption that the car did not drive itself to the locale where the arrest took place.  Even if it was off and key was not in the ignition.  An attorney is a good idea for another reason: in most jurisdictions his license will be suspended automatically and he will be having a hearing at DMV.  The outcome can have an effect on the criminal case.  Tell him to seek legal help asap. Good luck.  

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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