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My daughter was arrested for aggrevated dui, however the police

report showed her blood alcohol...
My daughter was arrested for aggrevated dui, however the police report showed her blood alcohol level above 3.0. If this were the case she would not have been able to walk, let alone drive.   Isn't there anything she can do to challenge this? Most other attys say she needs proof. What kind of proof are they talking about? Also she had a witness with her who was not arrested, wouldn't this be an indication he was not intoxicated enough for them to take him in so wouldn't he be able to testify for her if she were to go to trial? Also is it true that if she pleads guilty she'll serve 4 months but if she pleads not guilty she'll have to do a year and a half?
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Answered in 6 minutes by:
4/1/2009
Attorney & Counselor at Law
Attorney & Counselor at Law, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 868
Experience: Attorney & Counselor at Law with extensive criminal law experience
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Hi

This is a difficult situation for your daughter.

The alleged alcohol level does seem excessive. She can challenge the analysis when she goes to trial.

I do not know what proof the other attorneys are referring.

Your daughter's attorney can bring up the test results as proof of the faulty reading.

If the analysis can be discredited, it cannot be used as evidence. Without that evidence, the case may be too weak to proceed.

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Customer reply replied 8 years ago
I believe the proof that the other attorneys were speaking of is someone to say that she wasn't that drunk or for herself to say she can remember all that happened. But unfortunately she doesn't remember or if even the witness who was with her at the time remembers. Also, would you have an idea what the results would be for a "guilty" or "not guilty" plea for an extreme felony dui? This would be her 2nd dui offence. And would there be any difference as far as length of time served for either plea?
I cannot accurately predict the punishment. The punishment could rage from probation and a fine to a short prison sentence. It mostly depends on the criminal history of the accused and the judge's disposition.

Usually, guilty pleas result in a more lenient sentence. I recommend that your daughter work closely with her attorney to negotiate a plea agreement, if she chooses to plead guilty.

Attorney & Counselor at Law
Attorney & Counselor at Law, Criminal Defense Lawyer
Category: Criminal Law
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