Reed City, MI DUI and OWI Law Firms & Lawyers

It depends on the county and prosecutor. Yes, it can; however I can't predict your outcome. If your county has a sobriety court and you participate; you may be able to get a restricted driver's license after awhile (about 45 days, sometimes longer); however, without a sobriety court, you will not even be eligible for another restricted license for 5 years and then only if you go to AA starting now and until your hearing. The DAAD usually wants 5 to 10 years of sobriety with AA after a third offense.

Yes. The Utah Court of Appeals ruled that in order to ensure that breath test results are presumed valid, Utah Prosecutors must present evidence of the following: (1) the breath machine had been properly checked by a trained technician, and that the breath machine was in proper working condition at the time of the test; (2) the breath test was administered correctly by a qualified operator; and (3) a peace officer observed the defendant during the fifteen minutes immediately proceeding the test to ensure that the defendant introduced nothing into their mouth during that time.[1] In order to establish that the breath machine had been properly checked by a trained technician, and that the breath machine was in proper working condition at the time of the test, Utah Prosecutors will present the following evidence: (1) Certification Report; (2) Operational Checklist; and (3) Test record printout. In order to establish that the breath test was administered by a qualified operator, the State of Utah will present the administrating officer?s current certification to administer the breath test. As you can see, there are a number of ways to attack the admissibility of the breath test results. Hope this helps.