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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26996
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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hi . I had a 3 dui hit a tree. but when I was at jail their

Resolved Question:

hi . I had a 3 dui hit a tree. but when I was at jail their breath machines weren't working I had to get blood tests. my bad. was .02. also I had taken 2 ambien 2 hrs before . what are my chances.
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Dwayne B. replied 11 months ago.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

What are your chances as to what?

Customer:

what charges may i get in state alaska.

JD 1992 :

When you say you had a "3 dui" do you mean you have had two DUIs already?

Customer:

yes.but it was 8 years ago.no other charges since then.

JD 1992 :

If the last one was within ten years then they both would count, therefore you would be facing at least a third DUI.

JD 1992 :

A Third DUI is a Class C felony which has a potential penalty of 120 days in jail, $10k, fine, and a drivers license suspension.

Customer:

even my bac was .02. under the legal limit.?

JD 1992 :

It could still be since your blood contained ambien. In addition, they can try and "extrapolate" that your BAC was higher at the time of the wreck or argue that the ambien and alcohol combined.

JD 1992 :

I think you have a reasonable chance, if you get a lawyer, of arguing it down to a "wet reckless" charge.

Customer:

the ambien #024.

Customer:

what charges would that be i dont understand

JD 1992 :

It would still be a DUI as long as you had a prescription for them.

Customer:

i have a old prescrition for them.

JD 1992 :

You wouldn't pick up any additional charges for that. You can still be DUI if you are operating under the influence of medication, even over the counter medication.

Customer:

wet wreckless may becharged to me?

JD 1992 :

That is a lesser charge than the DUI and that can be a possibility if you get a good lawyer.

Customer:

i am seeing a puplic defender today.at 1 pm.

JD 1992 :

You will want to talk to them about it. It is a little harder for the prosecutor to prove what level of effect the ambien had on you at the time of the wreck.

Customer:

is that helpful to me

JD 1992 :

Yes, it can be.

JD 1992 :

The harder the case is for a prosecutor to prove then the more likely they are to give you a a better deal.

Customer:

maybe i have a great chance then.n get wetless

Customer:

what are the charges for that .

JD 1992 :

You have a decent chance.

Customer:

thank you.youve been helpful.

JD 1992 :

You're very welcome and good luck on this.

JD 1992 :

Best wishes to you and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work. The website only gives credit to the expert if you give a Positive Rating.

JD 1992 :

I'll exit now to assist others.

Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26996
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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