If my test results are at or above the legal limit, am I automatically guilty?

You have an absolute right to plead not guilty, even if your blood alcohol level was over the legal limit, or if you think you are, or may be, guilty. A plea of not guilty simply means that you require the State to prove that you are guilty. When you plead not guilty, a trial will be scheduled at a later date; at that trial, the State will be required to prove, beyond a reasonable doubt, through witnesses, each and every element of the offense with which you are charged. If it fails to do so, you will be found not guilty. At arraignment, you may also enter pleas of guilty or in some cases, of nolo contendere. If you enter either of those pleas, however, you give up all your rights, including your right to a trial. You will be found guilty and sentenced by the Judge at that time. He or she may sentence you anywhere between the maximum and minimum penalties for the particular offense. If you wish to contest the charge against you, do not plead guilty or nolo contendere, but enter a plea of not guilty instead. If my office is retained to represent you sufficiently far in advance of the arraignment date, you will be able to avoid having to appear at the arraignment.