I blew over a .08 on the breath test. Can a lawyer really do anything for me?

There are three main ways an experienced D.W.I. attorney can help you when you are charged with a D.W.I. and have an alcohol concentration of .08 or higher.

First, regardless of your alcohol concentration, there are still many other things the State must prove beyond a reasonable doubt before you can be convicted of a D.W.I. An experienced D.W.I. attorney can determine whether the officer followed all of the laws and rules during the arrest and testing processes. The attorney can also protect your constitutional and statutory rights during the trial or other Court hearings. Generally, an officer must have reasonable and articulable suspicion to believe that you committed a crime or moving violation before he can stop you or your car. Before an officer can give you an alcohol screening test (i.e., Alco-Sensor, or hand-held breath test), the officer must have reasonable grounds to believe that that you committed an implied consent offense (i.e., D.W.I.), or that you consumed alcohol and committed a moving violation, or that you were the driver in a wreck. The alcohol-screening test must be performed in accordance with applicable statutes and regulations, or the results may be invalid. The officer must then have probable cause to arrest you. Ordinarily, the officer must inform you of your Miranda rights before he can ask you questions while you are in custody and use your answers against you in court. The chemical analysis (i.e., Intoxilyzer test or blood test) must be performed in accordance with applicable statutes and regulations, or the results may be invalid and/or inadmissible. Your case may require an expert witness to explain why the breath or blood test results are inaccurate or invalid in your case.In addition, new laws that took effect on December 1, 2006 have greatly complicated the procedures for fighting D.W.I.’s and other implied consent offenses”.

Second, even if you are convicted, an experienced D.W.I. attorney will work to reduce your punishment, including the amount of fines, the length of your community service, and the severity of the conditions of your probation.

Third, even if you are convicted, an experienced D.W.I. attorney can determine whether you are eligible for a limited driving privilege and then work with you to accomplish and obtain the various things necessary in order for you to request and obtain a limited driving privilege so that at least you can drive to work or school during the one-year revocation of your driver’s privilege.