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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 34087
Experience:  16 yrs. of trial experience
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My daughter has to go to court monday a dui, she is bipolar

Customer Question

My daughter has to go to court monday for receiving a dui, she is bipolar and taking lithium and
Was stopped due forgetting to turn her lights on while driving the car. She reportedly only had two drinks over 4-5 hours. She is a single mother who can't afford a lawyer. Would that medication effect breathalizer results? Reports she passed all other field tests given. It is my understanding she will be ask how she pleas. Does she have to plea gulity because she can't afford a lawyer? Or does she have other options? Also what happens financially regarding fees and are payments plans set up?
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.

Hi! My name is***** am an attorney with over 18 years experience in the law. Hopefully I can assist with your legal question today.

The machine that they use to test for Blood Alcohold Content measures the breath to determine how much alcohol, by percentage, is in the blood stream.

It is designed to measure alcohol. It would not pick up on other drugs...to test for such drugs, the police would need to perform a urine or drug test. So the machine will not be impacted by other medications.

At the intitial hearing, I expect the prosecutor will offer her a "deal" "plea bargain". This is an agreement where the prosecution agrees to limit the punishment in return for a plea of guilt. IF she is satisfied with this plea offer, she can accept it on the court date.

Otherwise, she can plea not guilty and seek an attorney to assist her

As for fines/court costs? This can vary quite a bit....but generally speaking the court costs are typically a few hinder dollars (less than $500) and fines typically are a bit more

Please let me know if you have more questions. Happy to help if I can.