If I got a DWI, should I plead guilty or not guilty?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I got a DWI, should I plead guilty or not guilty?

My record is clean and I’m 27. I took 2 breath test but it came back as an invalid sample so they said I refused it.

Asked on February 12, 2013 under Criminal Law, Louisiana

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The breath test is not the only evidence of intoxication that a jury can use.  A judge or jury can look at the video and take into consideration the observations of the officer.  What usually sinks a defendant is a video which clearly shows staggering and slurring.  Before you make a final decision, you need to get a copy of the video and the offense report.  If they clearly show that you are intoxicated, then you should try to work the best plea bargain that you can-- despite the breath test results.  If the tape shows you acting perfectly normal and there are no other factors to support intoxication, then you would want to consider entering a not guilty plea and requesting a jury trial.   If you do go to jury, try to find an attorney who routinely handles DUI's to help you.  Even though the evidence may be slim, if you fail to object, other evidence could come in that would otherwise be inadmissible-- thereby resulting in a guilty that should have been a non-guilty verdict.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption