Practice
DUI and breath-test refusal
A drunk-driving charge usually means two cases at once: the criminal case in court, and a separate fight over your license. Both have early deadlines.
Most DUI clients have a job, a family and no record. What they fear first is losing the car they need to get to work, and that's often the part with the shortest clock.
The criminal case
The prosecutor has to prove you were impaired or over the limit, and that the officer had a lawful reason to stop you. I get the cruiser and station video, the breath machine's maintenance and calibration records, and the officer's training file, and I compare what the report says with what the video shows.
The license case
If you refused a breath test, or tested over the limit, a separate civil case about your license may start on its own schedule. It has its own hearing and its own deadlines, and missing them can cost you the license even if the criminal case goes well.
What a good outcome looks like
Sometimes it's a dismissal, because the stop or the test doesn't hold up. More often it's a first-offense resolution with the shortest loss of license the law allows, and a plan for getting to work in the meantime. I'll tell you which is realistic once I've seen the evidence.
What I do
From the stop to the last hearing
- 01
Step 1: The first call
We go over the stop, the test and the dates. I tell you what to do about the license before anything else.
- 02
Step 2: The evidence
I request the videos, the breath machine records and the reports, and read all of it.
- 03
Step 3: The motions
If the stop, the field tests or the breath test have problems, I ask the court to keep them out.
- 04
Step 4: The resolution
We decide together whether to negotiate or try the case. You make the final call.
Questions people ask
Should I have refused the breath test?
It's done either way, so the useful question is what it changes. A refusal usually removes the number from the criminal case and starts the license case. The guide on refusals walks through both.
Will I lose my license?
Possibly for a time, and the length depends on the test, any record and how the case resolves. Some people qualify for a limited license to get to work. We look at that on the first call.
Do I have to go to court?
Yes, for most hearings in a criminal case. I'll tell you which dates need you there and which I can handle alone.
Is a first DUI a felony?
Usually not, unless someone was hurt. But it's still a criminal record, which is why it's worth defending.
Talk it through before your court date
Call, or write a line about the charge and the date. You'll hear back the same day.
The first call is free and doesn't make me your lawyer.