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  1. #1
    Join Date
    Sep 2009

    Default First DUI in Vermont - Chance of Reduction

    My question involves criminal law for the state of: Vermont

    Hi, just trying to get a second opinion here.

    Here's the story - went out drinking with some friends from work one night. Had probably 4-5 drinks and every intention of staying at an ex-girlfriends house that night. So I leave the bars, meet up with girl and of course we end up getting in an argument. My plans to stay at her house have now changed. At this point I'm upset and make the stupid decision to take a chance and drive home (about ten minutes, if that, away).

    As i'm about to pull onto my road I see those lovely blue lights behind me. Honestly didn't really think DUI was a possibility, felt fairly sober at this point.

    Officer asks if I know why he pulled me over, I say speeding? Yup, 37 in a 25, and have you been drinking? I deny drinking.

    So I do the FST and fail two out of three tests, although the test was done on a very steep hill, would honestly have had problems with no impairment.

    So he gets me to blow, ends up a .088 (legal limit in VT is .08). We go to the stations so I can do the official blow which results in a .108.

    We then proceed to the hospital because I requested a blood test.

    We then go to an ACT 1 detox station where I blow a .073, the women told me I could be released but the cop decided he would rather take me to jail. The cop obviously did not like me at all and it was very obvious. The woman at ACT I even said he wanted to see me behind bars. So up to this point I had been very polite, but I did lose my cool for a minute swearing and saying this was some bullshit.

    I went to detox blowing a .06 and had to stay for about 6 hours.

    I got the police report where it does note that I was profane, combative, insulting, etc. It also notes that my speech was normal, not slurred and that I could stand just fine. But again I did fail 2 of 3 FSTs and blew numbers above the limit...The report also says I rolled through a stop sign, which he never mentioned to me.

    I went out and hired a lawyer and he says I have about a 70% chance of having it reduced to basically a slap on the wrist, but I also feel like he may have given me such a high number so that I would hire him.... he is going to make money, win or lose isn't he?

    I guess I am here for a second opinion from someone with some knowledge on the subject. I know absolutely nothing. I have never had any other trouble with the law. Haven't even had a traffic ticket in 3+ years. Also, I am 23 years old if it makes a difference.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: First DUI in Vermont - Chance of Reduction

    Your lawyer knows much more about the traffic stop, and whether a motion brought to dispute the stop might either succeed or inspire a prosecutor to reduce your charge, than we do. He should also be familiar with the prosecutor's willingness to plea bargain in this type of case. If you don't trust your lawyer, your better bet is to consult another lawyer in your community.

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