What can I do about my DUI charge since if convicted I could lose my nursing license? - DUI Law Questions and Answers- LawQA.com

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What can I do about my DUI charge since if convicted I could lose my nursing license?

I received a DUI and I am a nurse. I was pulled over on July 5th, asked if I had been drinking, then asked to blow. The officer didn't tell me what I blew, then had me do the field sobriety tests. He said that I passed all of them, and to blow again. He said that the first time I blew it was a .09, and the 2nd time was a .08. Then he said, that since I passed the field sobriety tests, he wasn't going to give me a DUI. Yesterday (Sept. 9th) I received a letter from the court saying that I am being charged with a DUI. It has been over two months since the incident, and now I'm being charged. Can they do that? Also, since I'm a nurse, I might lose my nursing license (this is my first DUI) if convicted, so I was wondering about the possibility of getting a wet and reckless?

Answer By Thomas C Phipps

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You will have to check with your nursing board.

Answer Applies to: Missouri
Replied: 10/29/2013

Answer By Gregory Casale
Gregory Casale Attorney at Law
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I handle many DUI cases. If you passed the Field Sobriety Tests (FSTs) but failed the Breath Test (BT) at .08, you can certainly be charged for DUI. However, it sounds like a case I typically beat. That is no guarantee by any means since only the judge or jury makes the ultimate decision. However, only the lower of the two scores can be admitted into evidence, therefore in your case, the .08. This is technically a failure and a jury or judge can certainly find you guilty on this alone for the .08/Impaired Operation element of the DUI statute (in Massachusetts it is actually OUI, which is an acronym for Operating Under the Influence). I assume you were arrested in Massachusetts as you checked that off in your question.

Answer Applies to: Massachusetts
Replied: 9/12/2013

Answer By Edward J. Blum
Law Office of Edward J. Blum
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You need to hire a lawyer. A good DUI lawyer. You need to fight your case. A .09% or .08% is incredibly winnable. When the stakes are high, remember if you think hiring a professional is expensive try hiring an amateur.

Answer Applies to: California
Replied: 9/11/2013

Answer By Hudson Bair

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You have a lot at stake, much like a person who needs medical attention seeking it on the internet, you should seek legal advice from a lawyer. Your fact pattern is somewhat odd, I can't determine if you ever provided an implied consent test (a chemical test after arrest) if you didn't then there are problems with the DMV case against you and probably the court case too. Simply because the police don't think you will be charged doesn't guarantee you won't, unless they don't turn in any paperwork/reports regarding their contact with you. The prosecuting agency makes decisions regarding what charges are warranted based on the evidence provided by law enforcement. If you haven't heard from the Nursing Board already, you will, a skilled DUI defense attorney can help you with the DUI charge and some can actually help with your nursing license or at least send you to another lawyer who can.

Answer Applies to: California
Replied: 9/11/2013

VANJOHNSON LAW FIRM, LLC
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You should immediately retain the services of an experienced attorney. If the arresting officer was a DUI task force officer, there should be a video of the incident. You need an experienced attorney to go to bat for you right away. You cannot afford to drag your feet on this, if as you say, you can't afford to have a DUI conviction on your record. Feel free to read my blog posts on DUI stops, evidence and procedure for more information.

Answer Applies to: Georgia
Replied: 9/11/2013

Answer By Laurie Schmidt

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You should retain a local DUI attorney. It is permissible for them to charge you after the date of the incident, regardless of the what the officer told you. Disclaimer: The response to this email does not constitute or create an attorney-client relationship.

Answer Applies to: Colorado
Replied: 9/11/2013

Answer By Jason Savela
Connell-Savela
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I would be happy to discuss your case with you. The statute of limitations on DUI is 18 months, so they can. But, their actions may have prevented you from getting exculpatory evidence. There may be other problems. In Colorado, 0.08 and above is DUI and 0.05 - 0.08 is DWAI. In response to your DUI Post: I am a criminal defense attorney with more than 15 years experience on DUI cases. If you would like to discuss your case, please contact me. Some important information- If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Request a copy of the Expressed Consent Packet. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.

Answer Applies to: Colorado
Replied: 9/11/2013

Answer By Jeff Yeh
Law Office of Jeff Yeh
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You need to hire a DUI specialist. You should aim higher. A wet reckless may not be as good as you can get.

Answer Applies to: California
Replied: 9/11/2013

Anderson Law Office
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You need to get representation asap. You can be charged later but it is unknown if your license has been revoked or if you took an actual breath test from your synopsis.

Answer Applies to: Minnesota
Replied: 9/11/2013

Answer By Steve Freeborn
Freeborn Law Offices, P.S.
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First of all, yes, you can be charged two months later. That is not at all uncommon. It is up to the prosecutor to file the charges, not the police officer. The facts, as you have set forth (BAC of .08 or above), and if the BAC is functioning properly, means you are guilty of DUI, regardless of how you performed on the field sobriety tests. Can you get a reduction in charge? Without reviewing your case file and the police reports, I have no way of knowing. With so much at state, I would be hiring an attorney.

Answer Applies to: Washington
Replied: 9/11/2013

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