The Champion

August 2006 , Page 35 

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To DUI or Not to DUI, That Is The Question

By Stephen L. Jones

A new client enters your office. He tells you he has been charged with his first DUI. The client reveals to you that on the night in question he was out with friends, had six mixed drinks, fell asleep behind the wheel, and crashed into a tree. The police responded to the scene and found the client stumbling around the vehicle. They administered three field sobriety tests — the nystagmus eye test, the one-leg stand test, and the walk and turn test. The client could not perform any of the tests. After his arrest, the client was taken to the police station where he took a breath test with a reading of 0.13%. The police reports confirm that the client’s memory is accurate. The client asks your advice on what to do. If your answer is that the case is bad, the chance of winning remote and he should plead, you might be right — and you might be wrong.

In a time when the practice of law is becoming more and more specialized1, is it possible that a criminal practitioner should be hesitant to acc

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