I received a PI in October. I got a DUI for a minor this February. I had 5 drinks in 6 hours with food, and I really don't believe he could smell any alcohol on my system since my car and myself smells like cigarettes. My friend who came and picked me up told me that I looked completely sober. He did give me a breathizer test or a sobriety test. Can I fight the ticket at all? What penalties will I be facing? Is there anyway I won't have it on my record?
1 Answer from Attorneys
You can fight the ticket. If you are convicted you could have your driver's license suspended and/or face surcharges. Would your friend be willing to testify in court he felt you were sober. But keep in mind the question is not where you sober but where you intoxicated. They can be two very different things. Intoxicated is defined as being at or above .08 or having lost the normal use of your physical or mental faculties.
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