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Arrested for DUI in Miami-Dade…options available for a program or plead not guilty?

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Question by JB: Arrested for DUI in Miami-Dade…options available for a program or plead not guilty?
I was arrested for a DUI on Jan 21….I was not intoxicated but I was out with my friends…I had just got out of the hospital 2.5 months prior with an unknown infection in my ankles that was taken care of with a week stay in the hospital and a slew of antibiotics and other pills…I currently have to take a pill every night for a possibly related medical condition…I was driving my friend’s car as they were questionable and I knew I was not. So when I got pulled over I passed the onsite sobriety (he did the eye test twice…i have exceptional peripheral vision…ive been an athlete since I can remember) and there were 4 witnesses in the car (two of them live nearby and would probably attend the trial)…after the second eye test i was placed in handcuffs and taken to the police department…i sat there for awhile and then was brought and asked the do the breathalyzer…i politely declined…I have a degree in chemistry and i remember from college (only a few years ago) we “tricked” a breathalyzer into a false reading fairly easily…I knew I was on some medication many of which are coated in polyvinyl alcohol…I was unsure if any of the chemicals in the medication or the coating would cause any sort of reading so I refused as to not falsely incriminate myself…now, 6 months later, i’m faced with either sending this to trial or accepting the program…ive already dished out about 2k on an attorney (who has yet to even meet with the witnesses and its becoming rather difficult to speak with him) and the thought of the program and the additional 2-3k that it would cost on top of the classes, interlock device etc etc is a little daunting…now before any of you jump on my case saying im a drunk/murder or anything of the sort realize you are then subject to being called a stereotyping, severely judgmental person….i’m a 26 yr old male that has been living on my own and taking care of myself since 18…i have been actually drunk less times than i can count on my hand…i have 2 degrees in biochemistry and one in economics went to medical school for a year and i have a career on top of my own NFP coaching youth volleyball….it is an embarrassing thing to talk to your kids about but i told them the absolute truth as its what they deserve and warned them of the fallacies of our legal/judicial system…im being told from a variety of sources to go with the program and not risk it…but it seems to not be fair nor just for me to dish out nearly 6k in money i dont really have to prove my innocence (we all know innocent until proven guilty is a thing of the past)….what would any of you suggest? any advice would be greatly appreciated….if you’re seeking a target for a lecture please seek another question-er…not to be rude but this has been enough on its own without people accusing me of being a criminal…
1. question is…do i fight it or accept the program?
2. gobbledygook = details…pretty sure i can’t just write “do i fight it or accept the program?” and expect realistic responses….
thanks for your help….no i wasn’t being uncooperative at all…they dont have video evidence of me taking the sobriety tests or anything (which I would have subpoenaed to show I passed the onsite). He wrote on the arrest form that when they put the cuffs on me I said this is “absolute bulls***” thats all that shows I was disorderly i guess. No i wasn’t on narcotics unless you consider the medication i have to take every night around midnight narcotics….they have a program available for me that basically takes then entire issue off my record but requires 6mo-1yr of probation classes and an additional 2-3k…(http://www.miamiherald.com/2011/05/16/2219789/miami-dade-unveils-dui-diversion.html#disqus_thread)….given all that do you still believe i should fight it or take the program?

Best answer:

Answer by Ouragon
Well, I hoped someone else would answer all your gobbledygook, but no one did, so I’ll share my experience. I am a middle-aged woman with no criminal record. I got a dui five years ago while taking migraine medication. I don’t drink. I served 30 months probabtion and spent about $ 8K in fines and fees. i did not pay for an attorney. I was a student at the time, and had a court-appointed lawyer. If I had it to do over, I would FIGHT to have it dismissed instead of pleading it out. If my attorney didn’t think I could win, I would sit out the time and avoid probation. It would have taken less than three days in time, compared to 30 months of being under their control. Probation is a nightmare. U/A tests, constantly being around scary people, including the probation officer. Don’t know if that answers your question, which is very unclear.

EDIT: Ok, well, I didn’t qualify for any programs, because I didn’t have any drug or alcohol programs when they evaluated me. I suspect the same might be true for you. If I were you, I’d fight. No breathalyzer= no scientific evidence. Did you keep quiet with the cops, or do they have video of you being unreasonable? Were you taking narcotics? That could give you a dui, too. That’s what happened to me.

If all that info wasn’t daunting, you would’ve gotten a lot more answers. If you told your lawyer all that stuff, you might’ve already used up your $ 2K.

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Written by admin

May 24th, 2014 at 9:16 am

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