So you got nailed for driving while intoxicated. Well, shame on you. Now you know that you should have used a designated driver, taken a cab, called Uber or Lyft, or had someone pick you up. Too late for that now. It is what it is.
So now the question you probably want to know is “can I get out of this?” Well, it depends on the following main points:
1. What's the blow (breathalyzer reading)? A breath result of 0.08 does not necessarily mean an automatic “guilty”. It will be weighed by the judge along with all the other evidence.
2. Did the cop see you actually drive? Usually yes, but in those rare cases where he arrives on the scene later, if there is no or only a very tenuous connection between you and the car, the State may have insufficient evidence to satisfy the “driving” element of the offense.
3. Were your constitutional rights compromised? If you are deprived of witnesses either during testing or after processing, some judges remain open to the argument that your rights to an adequate defense have been compromised which may require dismissal.
Can a lawyer help me here?