Q: I was in an accident yesterday and had a blood level of 2.98. This will be my second offense and I’m really worried

I ended up totaling my boyfriends new truck and going to the hospital. I was not in the right state of mind when the cops talked to me and might have jeopardized myself. I had also taken two cbd gummies which is why I was drowsy. 4 years ago I got charged with an owi so this will be my second offense, I’m not sure what to do but I’m panicking, I can’t afford the fines and I’m about to lose everything I’ve worked for. I am seeking counseling and maybe even rehab. I haven’t been charged with anything just yet but they said it will take 72 hours to get the police report together and send me a court date. I’m in sheer panic, even losing my license will cause me my job and any chance I have of getting better.

2 Lawyer Answers

A: You definitely need an attorney to help you with the situation. The information here does not indicate where this happened, which can affect how to approach the case, the cost for legal services, and who might be a good choice of attorneys. I think it would be better if you called me, or some other attorney, rather than asking for attorneys to call you. Most attorneys will discuss fees over the phone, once some of the basic information about the case is known. One thing for sure, you did not blow 2.98. If that were true, you would almost certainly not be alive. It may have been .298, but that would presumably be on a little hand-held breath tester, that is not the official test. It will take at least a few weeks for a blood test result to become available, if there was a blood draw at the hospital that was sent to the State Crime Lab. My contact information is here on Justia. Sincerely, Frank B. Ford

A: You definitely need to consult a d.u.i. attorney who appears regularly in the Court you are headed to. Get the police report if it's available--you may have to pay for it. The dui attorney will likely work out a payment plan. Do not say anything about any of this on social media.

Second, you say it was 2.98--you'd be dead. If you mean .0298 you'd barely feel it. If you mean .298 that means 7 drinks in an hour, which means you either chugged from a bottle, drank quick shots, or never have to swallow! So not sure what happened but if you have receipts from wherever you were etc. they may help. But do not ask questions here--understand that any communication on an open forum is not protected by any attorney client privilege. Do not get into the crash with your boyfriend's insurance--tell them that you are consulting an attorney and would ask them to run any request for a statement through the attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.