If I got a DWI, should I plead guilty or not guilty?
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If I got a DWI, should I plead guilty or not guilty?
My record is clean and I’m 27. I took 2 breath test but it came back as an invalid sample so they said I refused it.
Asked on February 12, 2013 under Criminal Law, Louisiana
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The breath test is not the only evidence of intoxication that a jury can use. A judge or jury can look at the video and take into consideration the observations of the officer. What usually sinks a defendant is a video which clearly shows staggering and slurring. Before you make a final decision, you need to get a copy of the video and the offense report. If they clearly show that you are intoxicated, then you should try to work the best plea bargain that you can-- despite the breath test results. If the tape shows you acting perfectly normal and there are no other factors to support intoxication, then you would want to consider entering a not guilty plea and requesting a jury trial. If you do go to jury, try to find an attorney who routinely handles DUI's to help you. Even though the evidence may be slim, if you fail to object, other evidence could come in that would otherwise be inadmissible-- thereby resulting in a guilty that should have been a non-guilty verdict.
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