What are odds that a case can be completely dismissed with proper representation?

UPDATED: Apr 2, 2012

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What are odds that a case can be completely dismissed with proper representation?

I’m a CDL driver charged with a DWI while off duty. I was pulled over for speeding initially and when the officer smelled alcohol he asked me to submit to a series of field sobriety tests. He said “not bad,” but after we returned to his vehicle he said he could still smell alchol and asked me to take a breathalyzer. I blew a .124 and then at the station, 45 minutes later, I blew a .125 on a datamaster. I have a CDL which will be affected even after a reduction of offense.

Asked on April 2, 2012 under Criminal Law, Missouri


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 10 years ago | Contributor

With a CDL, even a reduction to a reckless driving or driving while visibly impaired will impact your CDL. Not certain what you mean when you say "dismissed with proper representation", but the issue in your case is that you blew .04 liters over the legal limit (.08). First, you need to hire a criminal defense attorney experienced in DUI defense to assist you. Often times, an attorney can determine if you have any viable defenses in your case, and even have leverage with the prosecutor to help protect your CDL License if possible.

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