How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LawTalk Your Own Question

LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27998
Experience:  30 years legal experience
15277592
Type Your Criminal Law Question Here...
LawTalk is online now
A new question is answered every 9 seconds

I received a 2nd DUI in NC in 2 1/2 years of my 1st DUI. I

Resolved Question:

I received a 2nd DUI in NC in 2 1/2 years of my 1st DUI. I SLIGHTLY grazed a pole (there isn't even a dent in my car as I was slowly backing out of a parking spot) but the police called that Hit and Run. My attorney is a good attorney, and he will fight for me. I had gastric bypass in March and I only had 2 glasses of wine for the first time in 6 months. However, when I pulled into the parking spot, I got sick. I couldn't breathe, so I took my albuterol inhaler, and then just decided to leave. I was watching the people behind me so as not to hit them, and grazed the pole. The cop stopped me down the block & asked me to do a field test. I told him I had bad knees from the excess weight and ACL surgery, so I would have trouble, but he did it anyway. I told him I was sick and he arrested me anyway. My question: If I am found guilty, will I lose my license completely for 2 years since it was only 2 1/2 years ago since my last one? Do I have any chance at getting a limited privilege?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  LawTalk replied 5 years ago.
Good morning,

I'm sorry to hear of your dilemma.

What was your tested alcohol level?
Customer: replied 5 years ago.

Initially, he told me it was .12, but he didn't give me the strip. But he didn't give me the strip to go along with it. In discovery, he gave the strip to my attorney, and it stated .15.

 

Again; however, I did get sick right before I took the test which my attorney said could greatly affect the outcome of the BAC.

Expert:  LawTalk replied 5 years ago.
Good morning,

While I strive to give you an accurate and applicable answer to your question, and if I can possibly provide a legal avenue for you to have a successful legal outcome I will, I don't have the ability to provide you with favorable law if it doesn't exist.

I will presume that if you underwent gastric bypass this year that you have still not reached your weight goal yet.

By-pass surgery or not, if your weight is 150 or more, there should be no way that your blood alcohol level was above the legal limit after 2 glasses of wine---unless you drink your wine from a very large wine glass. Illness can affect the test---of that there is no doubt. That is something that your attorney will want to argue vigorously.

However, if your blood alcohol level was above the legal limit, or if your driving, appearance and field sobriety test results constituted "appreciable impairment" under the law, regardless or the picky reason you were pulled over, a second conviction for DUI in SC within 3 years of the first bring with it some very stiff penalties.

In the state of North Carolina, if you have a second DUI conviction within three years of your first, you will face harsher penalties. For a second offense within 3 years you are facing:

  • A misdemeanor conviction.
  • Driver's license revocation for a mandatory 4 years.
  • Up to a $2000 fine and/or up to 24 months in jail.
If you are convicted, there is a reasonable chance that you will be allowed a limited privilege if you can show a need based on one of the following criteria:

1. Court ordered treatment
2. Community service
3. Emergency medical care
4. maintenance of your household.

I wish you well.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

 

Best regards,

 

 

Doug

LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27998
Experience: 30 years legal experience
LawTalk and 5 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.
 
 
 

Related Criminal Law Questions

Chat Now With A Criminal Lawyer
LawTalk
LawTalk
Attorney at Law
1498 Satisfied Customers
30 years legal experience