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JPEsq., Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 5106
Experience:  Experience as Criminal Defense Attorney and criminal law professor
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My wife just got a DUI. She was also cited for having an open

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My wife just got a DUI. She was also cited for having an open container of alcohol in her vehicle. I wasn't there but the police Incident Report (Clinton, TN) says that she had an odor of alcohol on her and that she signed the Implied Consent form agreeing to consent to alcohol tests but then refused to do so, and so there is no BAC for the case. My wife had a stroke two years ago followed by two major leg surgeries and is not very mobile and considered permanently disabled. She gets confused very easily, suffers from aphasia (communication issues), and has anxiety problems in public, especially with a stressful event such as this. The following day from jail she had to be brought to the hospital where she stayed for five days with a life threatening condition that her doctor said could easily have exacerbated any confusion or communication issues she already had.

Would she have a legitimate defense for dismissal of the DUI and against any charge for not consenting?

She might be able to argue that the field sobriety tests did not accurately indicate intoxication, since she has other problems that may have caused her to fail the field tests.

She won't be able to get the case dismissed because she did not consent.

It would not be likely that she could get the case dismissed at all, it would be an issue of whether there is reasonable doubt... which is something that must be determined by trial.

So there is some room for her to possibly get a not guilty verdict by showing that there is reasonable doubt, but it would probably have to go to a trial unless the prosecution willingly dismisses the case.

Customer: replied 5 years ago.

I ran out of characters and wanted to ask one other thing. Do you think we have a good chance of getting decent representation from a public defender if we want to challenge this and, if not, can you provide some advice on how to weed through the advertising and choose a competent and affordable attorney?

In my opinion, public defenders usually do a pretty good job, but it does depend on where you are and what the caseload is like, etc.

If you want to hire a lawyer, which is recommended if you can afford it, I would just check Lawyers are rated by their peers and former clients.

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