If I was cooperative with the police, passed the FST except for blowing a .085 and at the station blowing a .07, what are my chances of having the case dismissed?
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If I was cooperative with the police, passed the FST except for blowing a .085 and at the station blowing a .07, what are my chances of having the case dismissed?
Asked on June 6, 2013 under Criminal Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
First of all there are at least 2 possible reasons that someone could be charged with a DUI despite a BAC lower than .08%. One is that the driver might be under 21 years of age; in many states the legal limit for a driver under the age of 21 is lower than .08%. The second is that the driver had a BAC lower than .08% but also showed signs of impairment. The fact is that the “legal limit” is simply the number above which a driver is automatically guilty of driving under the influence without any other proof. Most states also allow for a DUI conviction when a driver has a slightly lower BAC reading but also was driving erratically, failed a field sobriety test, or otherwise showed signs of impairment. And in your case you were actually over the legal limit at the time that you were stopped.
That all having been said, at this point you should consult with a DUI attorney. As you are aware, just because you were arrested does not mean that you cannot be acquitted at trial or that your charge cannot be dismissed or at least reduced, especially under the facts of your case. An experienced DUI attorney can best advise you as to your rights/remedies in this situation.
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