Can I defend against a .08? 9 Answers as of September 14, 2010

I blew a .08 this past weekend when I was pulled over for speeding. Because this is not very far over the legal limit, will I have a better outcome?

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Law Offices of John Carney
Law Offices of John Carney | John Carney
You will likely be able to plead to an impaired ( a violation, not a crime), with a 90 day suspension and $300 fine, and driving school. I can handle the case for a very reasonable fee, please feel free to call me.
Answer Applies to: New York
Replied: 9/14/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Better than what? You blew enough for statutory violation of the law and arrest. Yes, you are better off than if you had a much higher Blood Alcohol level, but the outcome depends upon all the facts, evidence, police reports, your rap sheet, the DAs attitude towards you, your attorneys persuasive skills, etc. If this is in Southern California courts and you are serious about hiring counsel, feel free to contact me.
Answer Applies to: California
Replied: 9/13/2010
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Yes, if you know what to say to the DA. Contact me with the facts and we can review your options.
Answer Applies to: California
Replied: 9/13/2010
Smith & John
Smith & John | Kenneth Craig Smith, Jr.
Yes, the margin of error is 0.01 as stated on the breathalyzer.
Answer Applies to: Louisiana
Replied: 9/11/2010
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
There are many defenses to a DWI. That is particularly true when the blood alcohol content is very close to the legal limit. Blood, uring and breath tests are not infallible. They can be challenged based on testing methods. Other points of a defense anaylsis include:

Reasonable Suspicion. The officer must have reasonable suspicion to believe a specific crime has been committed in order to stop a person. If that reasonable suspicion is lacking the stop and the ticket may be invalid;

Probable Cause to arrest and charge. The officer must make sufficient observations to form a basis for probable cause to believe that you were operating a vehicle while intoxicated. Oftentimes, officers perform field sobriety tests incorrectly making the arrest invalid;

Procedures at the Station. The officer must follow very specific procedures at the station including reading and recording an Implied Consent Advisory that informs you that you have a right to a lawyer. If any of the steps are omitted, the charges may be dismissed;

Test Procedures. Testing methods to determine blood alcohol concentrations are imperfect at best. Like any scientific method, any test result has a margin of error. If the machinery is not properly maintained and even if it is properly maintained, the test results may vary from true Blood Alcohol Concentration. A sufficient variation may result in a reduce charge or no charge.

For a FREE consultation please contact us.
Answer Applies to: Minnesota
Replied: 9/10/2010
    Hale Law Group
    Hale Law Group | Joshua D. Hale
    It is possible, but you need to hire an attorney like myself to give you a chance to have a good result.
    Answer Applies to: California
    Replied: 9/10/2010
    Robert P. Jarvis, PC
    Robert P. Jarvis, PC | David Anderson
    A .08 is a very defensible DUI case. Also, a breathalyzer is much more defensible than a blood draw. A .08 DUI with a breath test could easily be defeated by a competent criminal defense attorney. A BrAC (breath alcohol content) of .080 is treated differently by most prosecutors than a BrAC of .089. Finally, the length of time between the time of the stop and the breathalyzer test is another important factor.

    Also, speeding is not recognized by the NHTSA as a typical driving error caused by impairment.

    Often, a prosecutor will offer a plea of Reckless Driving to someone who is just right at the legal limit. Personally, I think the case should be dismissed. How would you like your freedom to hang in the balance of a machine with a recognized error factor of 10 percent? The best outcome that we typically see is a plea offer to plead to a couple of civil traffic tickets.

    Undoubtedly, this is the kind of case that will benefit the most from having a competent criminal defense attorney. A prosecutor will be very inclined to believe that they can bulldoze a .08 over an unrepresented individual. But, they will not even try to push a .08 past a competent criminal defense attorney.

    Legal matters such DUI are very complicated. We recommend that you seek immediate legal representation. A competent criminal defense lawyer can explain small differences in the law or the facts that could dramatically affect your case. Our office is available 24/7 to represent you with any criminal matter.
    Answer Applies to: Arizona
    Replied: 8/25/2010
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