Expert: Philip Sweeting - 1/10/2007

Question
I was stopped for DUI recently.  I am a recent college grad who has never been in trouble and I really didn't know you have to have drunk 4-5 drinks to register a .08.  I had a couple drinks over a 2 hour period and then another hour of nothing and probably would have been OK, but I didn't know that then..... This is in FLorida, so I refused the breathalyzer and was arrested.  What a mess! The case is going to be tried.  I feel the officer really exaggerated my behavior in his report and I have a witness that was in the car and the video tape.  I am trying to get into law school so this is really upsetting.  The officer in this case is supposedly a DUI expert.  Is my law career toast?

Answer
I wouldn't expect your law career to be toast as you put it but down the road if you ever run for elected office, as many lawyers do you can bet someone will try and use it against you.

But for the case at hand...if you can afford it your best bet would be to hire a lawyer. The video tape is the best evidence for or against you depending of course what it shows. Then there is the officer's testimony which you can assume is not going to help you. A lawyer who specializes in DUI cases should be able to view the video and give you a good idea what your chances are.

You said the case is going to be tried but if you do decide to a plea, make sure that adjudication is withheld...that's a legal term that means the court did not judge you guilty but you will still have to comply with whatever the sentence is. The reason adjudication withheld is important is because if you have no prior convictions for anything you can eventually have your arrest sealed. By having the record sealed, with a few exceptions, such as lawyer or police officer, you can legally claim you were not arrested on job applications, etc. Hope this helps.