I recently recieved a dui and blew a 0.08 but the police didnt have probable cause to pull me over . i only had 2 beers and i weight over 225 lbs but they didnt stop me for a traffic violation i feel because of the kind of"flashy" car i drive i was stopped. should i fight this?
2 Answers from Attorneys
You definitely need a lawyer. There are numerous factors involved but with a .08 you either need to go to trial or negotiate a lesser charge.
Mr. Shapiro is right. You DEFINITELY need an attorney. As far as Probable Cause goes, that is the Legal Standard required for the police to ARREST you, not to DETAIN you. The Legal Standard for a Detention is merely a Reasonable Suspicion that you have done something wrong. This is a far less intrusive Legal Standard, and one that is not very hard for the police to establish. You are probably right, there is a very good chance that they pulled you over because you were driving a Flashy Car, but without a Qualified DUI Lawyer to represent you, this is a mute point. If you in fact only had 2 beers, it is PHYSICALLY IMPOSSIBLE for your Blood alcohol level to be a .08. Remember, the law says that it is illegal for you to drive with .08 or greater concentration of Alcohol in your BLOOD, NOT your BREATH. If you are in Southern California, my office can assist you in this matter. If not, we are in contact with Qualified DUI Lawyers all over the state and can recommend a particular lawyer for you. You can reach my office at 619-702-7400. Good luck.
James V. Bickford, IV
Attorney at Law
Practice Limited to DUI Defense