Thank you for the additional information. When you appear in court, you certainly want to ask to be appointed the public defender, if you are unable to retain private counsel. They will make a demand for discovery and see all the evidence which the State has and is going to use against you. First, there needs to be a legal basis to support why you were pulled over. Second, there also needs to be signs of impairment. If you were coming home from the hospital, you should not have been discharged and let go, if you were not capable of driving. In addition, it is hard to identify when the meds were taken, since they can last and stay in your system for not only days, but weeks at a time. Moreover, the exercises which the officer had you do would need to be look into and it would have to be shown that you were impaired and not able to drive. If you did not have any alcohol in your system and it was just medication, you could have a possible defense. The ability to plea the case out and for the State to amend the DUI to a lesser charge, would depend on the strength of the case. If your attorney attacks the case, has legal defenses to raise and thinks this should go to trial
, the State may be willing to work something out, if their case is weak. They are not just going to let it be plead to a lesser charge and there would be to be a basis to support it. I understand that you do not want nor cant go back to jail for a second DUI, which is why you may have to go to trial, if they will not offer a favorable plea to keep it out.
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