DUI In Minnesota

[kel]

Hello, I was pulled over on Monday night for speeding. He asked if I had anythign to drink and like an idiot, I replied that I had. I had about 2glasses of wine several hours earlier, but had nto put anythign in my mouth since. I was given a breathalizer at the station and blew a .08. I ordered a private urine test and am awaiting the results. The police officer told me it was a "big mistake". I have a clean record. I am gettign married in the spring and cannot afford a lawyer. I have been advised by several people that I could get this reduced to careless driving, especially if the second test results come back lower.

I am wondering if I could strike a plea deal with the prosecuting attorney in advance by myself? How would I find out who this is?

[aaron]

A drunk driving defendant, on the whole, is significantly more likely to be able to achieve a plea deal with the help of a criminal defense lawyer, be that a lawyer in private practice or (if the defendant is eligible) a court-appointed lawyer.

[kel]

Urine test came back at .05 one hour after breath test. Is this enough to get the administrative review of license revocation?

[usedbranflakes]

It's probably too late to respond to this, but:
If you had a .05 with the private urine test, then the DA (*might*) bring in a "retrograde extrapolation" expert, which is usually some lab tech who has read a bunch of books. A good defense attorney, who is also familiar with RE, usually can rattle the tech enough.

Even with RE, you may have have been under the per-se limit of .08. Usually the RE expert does not show up to challenged administrative hearings. If you present .05 and the state presents .08, you are likely to beat it. Technically, in the eyes of the court (except for some that say the breath test is gospel), fluids drawn by a professional are much more accurate than a machine poorly maintained by the state/county. It usually takes an attorney to get you through this.

You can't afford, in this situation, to not have an attorney. Get a small loan from a family member or friend. A good attorney will run about $1500 for a bench trial and $3k-$5k for a jury trial. A DUI will cost you about $12k-$15k over the next 3-5 years if you are convicted. It may also cost you lost opportunities totalling the millions of dollars dependent upon your field.

So, with per se kicked aside you still have to worry about performance of SFST, or the roadside tests. If you did not do those then you have a chance of beating this.

Cheers,

UBF

[kel]

Just to update this in case anyone reads it for reference later, I did not hire an attorney. I consulted an attorney and asked if I could honestly represent myself. Also, I called the police station and obtained a copy of the police report, so there were no suprises. The lawyer told me to go to court early and ask to speak with the prosecuting attorney. I called the court and found out his name and number. I left him a message along the lines of, "My name is Kelly ___ and you a prosecuting my DUI case on Feb ___. I have prepared a good defense but would be willing to plead guilty to careless driving if the other were dropped. I have no prior offenses and my BAC was exactly .08." Then I went to court early and asked for the prosecuting attorney and reminded him I left him a message, since he did not call me back. He offered me the plea, as long as I don't get another one in 12 months. I had to pay a fine and go to a one-day DWI class. I am not fighting the license revokation because I heard this is a difficult case and did not want an attorney.

[Preetybent]

I Would Personaly Go To Your Local Dmv And Ask For A Court Requested Drivers Abstact For Court Purpeses To See If U Took The Hit As A Dui If So The Man U Got Ureself A Full Blown Dui! Not For Insurance Or Anything Else But In The Court Eye U Get Another And Your Revoked