I had recently been pulled over and charged with a owi operating while intoxicated how should i plea?

Question

I took the street tests and passed them and then I took a breathalyzer and the legal limit is .08 and I blew rite at the legal limit a .08.

my arraignment is coming up. Should i get an attorney this is my first offense concerning drinking and driving and also my arraignment is coming up and if anything i am thinking of going with a court appointed attorney good idea? also how should i plea at the arraignment guilty or no contest or not guilty wich would my attorney prefer....? thank you for your help

Answer 1

anytime you deal with courts get an attorney OWI is frowned upon in all states and counties and cities  

Answer 2

Get an attorney.

Answer 3

Get or talk to an attorny right away. You are so close to the limit that they may be able to get it dropped. Or at least plead to a careless driving, which a lot of courts will do for a first offense.

Keep in mind you have 2 cases here. 1 criminal case for the OWI and 1 civil case for your license revocation.

Even if you were to get the criminal portion dropped, you still would need to fight the civil portion and if you didnt, the revocation would still be on your record and if you were to ever get caught again (which you should have learned your lesson), they would still charge you for a second offense.

Typically you have like 30 days to fight the revok.

Also a public defender will not fight the civil portion of the case for you. You have to do that on your own.

Things to consider. 1. Were you legally stopped IE did the officer have probable cause. 2. There are three legal tests, the walk and turn, 1 leg stand, and HGN (eye test). If you were questionable in any of them it gave the officer probable cause to give you the PBT (breathalizer). 3. So you failed the breathalizer I assume, then did the officer read you your rights, ect. and arrest you? 4. you should have been arrested at this point and brought to the station and depending on your state you should have been offered to call an attorny at this point, did you? You should have then been offered to take a blood, urine or breathalizer (Note the PBT is not the legal one, its just more cause to bring you into the station to have the legal test that they will get your BAC from).

So at the station / jail, you took the breathalizer? Was it over 15 minutes from your last drink? Or withing 2 hours (Depends on the state).

NOTE: typically if you had a drink within 15 minutes of the breathalizer at the station, your BAC will continue to rise, thus you may have been below the legal limit while driving.

If any of the above is questionable, fight it as you may have been below the legal limit while driving.

Add details if you get a chance and I will check back

  

Answer 4

if you where operating while intoxicated you should not lie and say your not guilty if you where operating while intoxicated you should tell the truth yeah you might go to jail or get probation its better not to lie cause it might come back in the future it is always right to do the good thing