Q: I'm black male 39, pulled over in the line at a fast food restaurant for an OVI. I blow a .106 should I get legal aid?
This my first offense of this nature, I believe I passed all of the road side test they gave me. It was newyears so I was honest about having something to drink but I don't believe that I was impaired to the point where I was a danger to myself or anyone.
Hiring an attorney seems to make sense in light of OVI charges that carry with them the potential for jail, probation, fines, a license suspension, and a conviction that cannot be expunged/sealed. You can of course search of a local OVI attorney to hire or you can ask the court for an appointed lawyer. When someone requests an appointed attorney, they are typically required to complete a financial disclosure form to see if they qualify.
.106 is over the legal limit of .08, but there may be many issues to raise including issues about the initial traffic stop, the field sobriety tests, whether they had probable cause to arrest you to ask you to take the breath test, and whether the the test result is ultimately admissible. Experienced OVI attorneys explore this issues and many others to help people achieve the best resolution possible.
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