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If I am already sentenced for a DUI can I take it back to the court and fight?

It was my first ever offense. My car was parked in a parking lot and the car was shut off for 10 minutes by the time cops showed up. I'm on 24 months of probation $1450 and prime class with supervised probation. I blew .56. Can I fight this or go to jail for allotted time to get off probation?

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    John J. Carney | The Law Offices of John J. Carney Esq.
    401 East 34th Street
    New York, NY 10016
    (917) 696-2363
    If you were already sentenced and did not appeal within 30 days you can only file a 440.10 motion but that is very rare and I doubt you have the proper grounds. If you blew a .56 %that is the highest BAC I have ever seen or even heard of. That is 7 times the legal limit and you are lucky if you did not suffer brain damage or go into a coma.
    Answer Applies to: New York - Replied: 3/4/2013
    Richard Williams | Law Office of Richard Williams
    301 Government Street, Suite 104
    Mobile, AL 36602
    (251) 272-3765
    I would say you are stuck with this one. With a blood alcohol level of .56 you are alive only by miracle.
    Answer Applies to: Alabama - Replied: 1/23/2013
    Marc Aaron Goldbach | Goldbach Law Group
    6528 Greenleaf Avenue
    Whittier, CA 90601
    (562) 696-0582
    You need to talk to your lawyer about your choices. First, you could be sentenced to jail time for refusing probation. Second, you still have to do the program to get your license back. You pled and judge imposed the time. That does not sound like he limited the amount of time that was being suspended. Third, you could face more than a year if there were other counts that you pled to, e.g., driving with a suspended license, child endangerment, etc. And there are other problems with this plan so you need your lawyer to go through all of this with you..

    By the way, we have heard many people make this kind of bravado remark often in drug cases because they do not want to test. There are not many scenarios where it is a real bargain. But there are some where it makes sense, at least in the short term, to the client.

    Now, you should also discuss with your lawyer candidly why you do not want to be on probation. You have a first DUI with a high blood alcohol level (by your own assessment). this suggests that you have a problem that you need to deal with. I say this not as a social worker but as a cold hearted criminal defense lawyer. If you are not dealing with an underlying problem that puts you at risk for arrest, you are liable to be arrested again. Next time it could be a felony or, worse yet, a DUI with injury or vehicular manslaughter.

    If you want to be off probation so you can drink (or so you can drink and drive) you are not doing yourself a favor. You are just doing prison on the installment plan.

    Having said that, maybe you have a good reason to be off probation and you should discuss that with your lawyer. But a first deuce with such a high BA may also be a wake up call.

    Good luck with your choices in this.

    Answer Applies to: California - Replied: 1/23/2013
    Jeff Yeh | Law Office of Jeff Yeh
    3810 Wilshire Blvd., Suite 1110
    Los Angeles, CA 90010
    (213) 446-2495
    Too late, the ship has sealed. With such a low blow, you were such a fool to have plead guilty.
    Answer Applies to: California - Replied: 1/22/2013
    Timothy J. Thill | Timothy J. Thill P.C.
    261 E. Quincy ST
    Riverside, IL 60546
    (708) 443-1200
    You can move for a new trial if said motion is filed within 30 days of the entry of the sentence. If not, you lose that opportunity. If you want to terminate the probation, and substitute jail time in lieu of probation, you would need to file a motion to modify the sentence. It would be advisable to consult with an attorney before taking either action.
    Answer Applies to: Illinois - Replied: 1/22/2013
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