Should I have a lawyer for court regarding a DUI?

Get Legal Help Today

 Secured with SHA-256 Encryption

Should I have a lawyer for court regarding a DUI?

I recieved a DUI after the club. Had a safe plan in place to get a ride home with a friend I do not drive drunk. However a cop said the rear of my car was parked in a red zone and told me to move it. I waited about 15 minutes. went out no one around moved my car to another spot. The cop showed up as I was getting out of my car. I passed field sobriety tests and then he had me blow I blew .089 then about 2 mins later a .075. He gave me a DUI. What can a lawyer do for me?

Asked on January 16, 2012 under Criminal Law, California

Answers:

Russ Pietryga / Pietryga Law Office

Answered 10 years ago | Contributor

First, you have a breath alcohol reading below .08, which is usually the per se limit.  That said, in Utah, you are not impaired.

Second, there does not seem to be any reasonable suspicion to pull you over.  A motion to suppress could exclude all the evidence against your.  In which case you will not get convicted of a DUI.

Third, assuming there was reasonable suspicion to stop you, there does not seem to be probable cause to arrest you. Especially if you passed the field sobrity tests. Once again a motion to suppress could exclude all the evidence against you.  In which case you will not get convicted of a DUI.

There are also some interesting facts.  Specifically, the officer told you to move the vehicle.  It appears that he gave you a lawful order.  Seems strange that he would tell you to move the vehcile if he felt you were under the influence.  Unless you committed some traffic infraction after you moved the vehicle he had no business stopping you.

There are pleanty of reasons to at least consult a lawyer on this one.  Hope this helps.

 


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