Will a Court Appointed Attorney Help Me Win My Case

**kcwillia37** · 01-07-2010, 11:10 AM

Here is my situation:

I got a DUI charge last month and whole heatedly believe that I did not deserve one and am not guilty. I did not spend the time, money or effort looking for a reputable DUI lawyer in the area and went with the free court appointed attorney which I’m meeting today. I’m nervous because I really wanna win my case. I have court tomorrow. If I go in there and my attorney doesn’t help me win my case, and I am found guilty, after this point am I allowed to appeal the judge’s decision and find a good dui lawyer and go to court again? I was under the impression that that was possible..

Here’s a description of my case (and I’m be entirely truthful..

)

This is in the state of Washington.

I went out with my friend to a bar that was 60 miles away from home. Friends brother was in a band putting on a show. Got there at 9pm. Between 9pm and 12am when I bought my last drink – this is what I consumed, 1-16oz hefewisen, shared (so ½) 24oz PBR, 1 – 24oz PBR, and shared (so 1/2) 16oz hefe. So I only consumed beer and I don’t drink very fast. So I drank a total of 60oz of beer in a matter of 4 hours.. Not much of anything to eat but a few bar nuts. Not much dancing or moving around more sitting down.
I’m very respectful of others and am aware of the consequences of drinking and driving, so I do my best to be and act responsible.
We left the bar around 1am, hung out in my car for 1/2hr. I hadn’t consumed alcohol for at least an hour. I was feeling focused and okay to drive. Drove to a McDonalds and stopped and go some food. Sat there and ate for a good half hour if not more.
So after 230am we’re heading home, we’re 50 miles away. I have a bad habit of speeding. Im maybe 5 miles from my house on the freeway when I get pulled over at 3am. It was clear out and 24degrees. I wasn’t exactly dressed for the weather and I told the officer that. I also told him I came from a show in Seattle. I did drank some beers few hours ago. I take adderall in the AM for ADD, and I go to school in at 8am, hadn’t ate much throughout the day, and maybe had 4hours of sleep the night before. I was speeding to get home because I had to be to school in the morning. He gave me the field sobriety tests. I told him I was nervous and cold (I’m from Hawaii and haven’t quite adapted to the cold weathers of Washington yet). Oh, and I’m 24yrs old, 5’4, and 115lbs(if its relevant)…He gave me a PBT test which read .097 –and preceded to arrest be for dui(my reading was at 315am). Went down to the station took my info did my reading on their machine there and 418am an hour after my roadside reading I blew a .063 then my second reading at the station was a .060… Researching info on the internet, I really don’t think I can go from a .097 to a .063 in 1 hours time.

Next day went to court, my representation that day asked the judge to drop my case based on such low readings, but the prosecutor stated that the officer failed me in 6 out of 7 of the field sobriety tests. So the judge wanted to continue with my case.

I’m just shocked about getting this charge and I really don’t want it on my record and I want any advice I can get. I’m at a loss right now. I’ve avoided this for the last month and haven’t told really any of my friends or family because I’m embarrassed. So any advice I can get would be great. I wanna know if I have a case that could win!?

**cdwjava** · 01-07-2010, 11:32 AM

Without knowing the strength of the state's case to include the officer's observations of your inebriation, no one can say whether you have a chance to win or not. Most cases are won or lost on the initial stop. You really need to hire an attorney to evaluate it.

As for the BAC issue, the PBT used in the field may be less accurate and more poorly maintained than the one used at the station.