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Got a dui/dwi? i blew a .08 got my license temporarary suspened, what should i do now. ?




1st time and i've only had one speeding ticket

Call an attorney right away. For a DUI/DWI case, a lot of people don't realize that it is actually 2 cases. First is the criminal case for the DUI, the second case is your license revocation, which is a civil case through the DMV. Typically you get a free first meeting with an attorney and they will pretty much let you know if you can fight your case. I would especially try to fight it in your case since you are right on the legal limit and if the officer that pulled you over didn't do everything right, you may get it dropped. Officers are extremely good at what they do so chances are not great, but you never know.
Things to take into consideration:
1. Did the officer have probable cause to pull you over, IE were you speeding, ect?
2. Did you do the field sobriety test (1 leg stand, walk and turn, HGN "Eye test")?
3. Did he then give you the PBT "hand held breath test"?
4. If he did all of the above (#2,3), and you failed, then he had probable cause for the arrest and to take you to the station for the test that actually counts. Note: before you took any other test, IE you should have been offered to take a breath test, Urine sample, or blood test, you should have at this point been asked if you wanted to call an attorney. Did you call the attorney? were your rights read to you? were you offered a urine or blood test vs. the breath test?
5. How long was it from the time you had your last drink to the time you had the breath test (Should be more than 15 minutes)>
6. From the time of arrest to the time you took the breath test at the station, was it within 2 hours? (law here varies from state to state) However sometimes if over 2 hours you can get it thrown out.

Anyway if you think any of the above may have been done incorrectly, then call the attorney and you should probably hire one.
Note: even if you win the criminal case, you still have to win the civil case to get you license back. court appointed attorneys will not do the civil case for you. You have a limited time to fight the civil case, so contact an attorney ASAP.

Best of luck

EDIT: Forgot to tell you that a lot of first time offenders can get it dropped to a Careless Driving. The courts will do this with a first time offense if you are close to the legal limit. However the kicker is you will still have the revocation on your license that will still show up on your driving record. IE it will show up as IMPLIED CONSENT .08.
The importance of this is that if you were to ever get another DUI, they WILL and CAN use that as a first offense in most states.

Get a lawyer before your court date.

Jackass...don't drink and drive. You wouldn't have to ask if you had a brain!

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