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Ely, Attorney
Category: Traffic Law
Satisfied Customers: 99465
Experience:  Private practice
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I live in Louisiana I received dui because I couldn't blow

Customer Question

Hi I live in Louisiana I received dui because I couldn't blow in machine had bronchitis. I am a 46 year old female. I have a paid attorney for thatnone. I still haven't gone to court I was in private lot. Anyway received another by same state trooper in Jan of this year. I have been able to drive my arty took care of that but I c ouldnt c a ford him again. By the way I don't drink this time I was able to blow in machine and it was 0.00bac. They observed Mr for 20 minutes I clearly was not under the influence. I refused chemical test only because I was upset and was not informed I could lose my license or I would have taken it I thought since I blew I was good. I've never gone to court on 1st one do not have ct. Date for second how can I keep my license I haven't been convicted of anything dmv is suspending my license June 3 for 1 yeatr. I live in the country fiance works offshore I have a lot of medical b problems and have several doc thy or appointments in junevand c apppt. With a disability attorney. I suffer with major depressive disorder. I literally have no one who can get me anywhere. If I am stuck here for a year and can't get to my appointments or get my meds. It will not be good I can not handle it. Please give me some advice of how I can keep my license even if its c just so I can go to my appointments and grocery store. My fiance won't pay for arty again. He is gone 80% of t b e time HELP PLEASE
Submitted: 4 months ago.
Category: Traffic Law
Expert:  Ely replied 4 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am very sorry to hear about this situation. Understand that even if your license is suspended as part of a second/subsequent DUI conviction, you would still have the ability to file for a hardship license. See HERE. The hardship license allows driving for life necessities, such as groceries, work, medical appointments, etc.

As for the current pending DUI, if you refused the chemical test, you can get a 6 month license suspension. See HERE. However the officer then did/does not have evidence of intoxication and the DUI charge itself may fail. Let your attorney work for you to have the case possibly dismissed, settled via plea deal, or maybe even go to trial.

But remember, there is always that hardship license option.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

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