Olympia, WA asked in DUI / DWI for Oregon

Q: Is it possible to get my case dismissed as it is the first time ever did i get an DUI with reckless driving?

I turned to sharp at a light and drove over curb- medium which caused my tire to go flat. I drove for a mile or two and pulled over and parked the car. I called for help. Few minutes later a sheriff showed up and asked me if i was ok. They asked me if i was drinking and i said i did earlier in the day but then had a big dinner and went to the store which is 4 miles away from the house. They then had me do field tests, i felt i passed ok. They then asked me to take a breathlizer test and i said yes i would. I blew .05, they told me that someone had called in that i hit the curb and followed me as i drove on a flat tire i felt that i could make it home but it felt rough so then i pulled over, This has never in my life happen before and im very scared. It was an accident that i hit the curb and i didnt feel impaired or i wouldnt of drove. I live in washington and was visiting my daughter for thanksgiving. I only ran to the store to exchange the grandkids gifts as i got the wrong ones.

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1 Lawyer Answer
Daniel DiCicco
Daniel DiCicco
  • Portland, OR
  • Licensed in Oregon

A: You are not going to get the case dismissed, though it does sound like you have a decent case. I have represented a lot of individuals in your shoes and what makes your case stand out to me is that you blew a .05, which is very low. Was this in Portland? You should have a court date coming up quite soon and it's important to have an attorney before then.

There's nothing to be terribly frightened about here - the absolute worst case scenario if we think you have a bad case is the "diversion" program which can result in no criminal record. That said, with a .05 I don't know that I would recommend diversion. It depends on your risk tolerance. If the facts are strong, which it sounds like they are, then you might want to take this to trial. There is slightly more risk with this, because if you lose at trial then you would end up with a conviction on your record.

I have personally never lost a trial with a blow below .08 and I have rarely even heard of someone losing with a .05 blow, but nothing is certain at trial.

You can give me a ring to discuss some more details. 503-967-3996.

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