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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 3461
Experience:  Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.
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Son arrested. He has had a story with substance abuse in the

Customer Question

Son arrested for DWI. He has had a history with substance abuse in the past. He failed field test according to them but negative on Breath Test and Negative of Blood test. But I had to post bond and car was impound. Recommendations please
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Michael J, Esq. replied 1 year ago.

Hello and thank you for contacting JustAnswer. My name is Michael; I look forward to assisting you today.

I'm sorry to hear about your son's situation. As far as recommendations go, are you asking for a recommendation to a specific attorney? Or more about whether to get an attorney or not?



Customer: replied 1 year ago.
Will he need an attorney? And what can the outcome be if he tested negative but was still arrested and had to post bond
Expert:  Michael J, Esq. replied 1 year ago.

Thank you.

Yes, he will need an attorney, especially if he tested negative on the breath test. An attorney will be able to take a look at the case and determine whether your son can prevail on a procedural mistake or on the substantive issues.

A DWI can be based on use of a controlled substance, for instance marijuana, OR alcohol. If your son passed the breath and blood test, it means he was likely not under the effects on intoxicating liquor. However, if he was arrested based on his failing the field test, the officers may believe that he was under the effects of a controlled substance. I don't believe they would have arrested him if they didn't believe he was intoxicated.

Controlled substances cases are generally easier to win because the only evidence the officer has in their testimony, rather than the positive results of a breath/blood test. This is why it's important to speak with a lawyer about the case - because he may be able to prove himself not guilty in this instance.

I hope this helps!

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