Legal Question in Criminal Law in

Drinking and Driving

I was pulled over for speeding (148km in 100km zone)when asked if i had anything to drink i said yes as i just had drank 2 beers within a 1 hr period. I blew 160 ( I am Female 5'7 115lb-120llbs and not a heavy drinker). I am aware of the 1 yr suspension automatically for DUI if convicted. I am a first time offender with no traffic, criminal or any other type of record. The paper the technician signed says that the test took no more than 1 minute from start to finish however,both tests took 3 minutes. Is the one minute time limit referring to start to finish(there is some air,calc and another test in there as well as my blow?test) or is the one minute referring to the last part of the test(my blow? test). Also what are my chances of beating this(DUI) without a lawyer. The speeding ticket isn't such a big issue.


Asked on 5/03/99, 2:58 pm

1 Answer from Attorneys
Mark Sullivan Mark R. Sullivan - Attorney at Law

Re: Drinking and Driving

I am not licensed anywhere but Montana and cannot advise you on the laws of your province. I will advise you to get competent, experienced counsel to assist you with these charges. The DUI is, of course, the more serious of the two, but why not challenge both? Do yourself a favor and get the best lawyer you can. If the law in your province is as complicated as the laws are in most of the United States, you definitely can use all the help you can get. Good Luck.

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Answered on 5/04/99, 1:49 pm


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