DUI Defender

We’ve been having a lot of fun using Yahoo Answers to communicate with people about their DUI issues.

You can see the full Kapsack and Bair profile.

Here’s one of our recent answers. We are pretty sure it was the best, but it was not chosen for some reason. Oh well, you can lead a horse to water …

Question
I was pulled over a couple weeks ago at a dui checkpoint in Orange County and took the blood test and got the results that were .08 BAC. I am not proud of this, and am willing to pay the consequences for my actions. I am wondering what that is going to entail. Here is the thing with my case. I am moving to New York on August 1st. My job is transferring me to our firm out in the city and its already all in the pipeline. My court date is august 10th, so I think I am just going to move my start date back because I don’t know if I can go to court earlier. I called a lawyer’s office and they charge 4000 to fight the case, so I think I am just going to go in there alone. I need info on probation, costs, classes, etc. Especially in regards to how that works since I’m moving (I currently live in Cali). Thanks so much in advance for any advice. I really appreciate. Please don’t preach to me, I already feel bad.

Our Answer (from Bruce)
DON’T MAKE ANOTHER MISTAKE. First, roadside checkpoints are generally not constitutional. In order to pass muster, they must have publicity, proper notice, a way to avoid the stop and almost a dozen other REQUIRED criteria. It is unusual for the police to conduct these stops correctly. If the judge decides the police acted improperly in a checkpoint, then the resulting cases are dismissed.

Second, ALL chemical tests have a margin of error of AT LEAST .01. This means you may be below the legal limit, and under the presumption of innocence we all share, this benefit of the doubt goes to you.

Next, most courts will reduce these borderline case to less than a DUI. In fact, given the court you are in, and the facts you presented, the DA is likely to reduce the charges to non alcohol allegations because of the weaknesses I just pointed out.

While four thousand dollars may seem like a lot, you will make it up in saved fines (about ten thousand dollars for a DUI), school costs (about three hundred), license suspension (six months) and jail time. Add in to this the insurance cost for DUI insurance (about $3500 per year for 5 years) and you see why it is cheaper to fight than not.

Of course, you must also remember a DUI is a criminal conviction which may effect the rest of your life.

Driving under the influence was a mistake, not fighting a case like this would be worse.

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