Can I fight a DUI charge for driving just above the legal limit but passed the field test? 67 Answers as of July 11, 2013

I passed the field test the officer gave me but he still have me a breathalyzer and I was just over the legal limit. Do I have a good case if I hire an attorney?

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Law Offices of Scott Tibbedeaux
Law Offices of Scott Tibbedeaux | Scott Tibbedeaux
Although you were only slightly over the legal limit, you were still over the legal limit, so technically, you did commit the crime. However, you might be able to get what is called a "wet reckless" which is a less punishable offense. With a first offense DUI, the standard punishment is an automatic license suspension. There is also a minimum of 2 days of jail time and there is also a fine. A Wet Reckless has the possibility of license suspension, no jail time and the fine is smaller. You also might be able to suppress the evidence.
Answer Applies to: California
Replied: 7/13/2011
The Law Office of Kevin O'Grady
The Law Office of Kevin O'Grady | Kevin O'Grady
The field sobriety tests and the chemical tests are both subject to attack by a good DUI attorney. Hiring one quickly is your best opportunity to mount an effective defense.
Answer Applies to: Hawaii
Replied: 7/5/2011
Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
You always want to hire an attorney no matter what the DUI situation may be. You need to hire an attorney for your case, you have rights in this case and you need to hire the right attorney that will fight for your rights.
Answer Applies to: Michigan
Replied: 7/5/2011
Vermeulen Law office P.A.
Vermeulen Law office P.A. | Jacob T. Erickson
You should hire an attorney who is part of the source code coalition. The machine that they gave you a test on is know to have defects, and the Washington D.C. police department found that their Intoxilyzer 5000 machines were off by as much as 20%. Hiring an attorney to challenge the validity of the machine is a good idea. You should do that within 30 days of when you were arrested so that you can also challenge the State of Minnesota's revocation of your driving privileges.
Answer Applies to: Minnesota
Replied: 7/1/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Without knowing more of the facts I cannot comment on the.chance of winning. However, an attorney should get it reduced.
Answer Applies to: California
Replied: 6/30/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you have a low test, around the .08 BAC you will likely be convicted of the violation of Driving While Impaired, not the crime of DWI. You should retain an experienced criminal attorney to represent you. Even if you passed the field sobriety tests as you say, the judge can convict you of Impaired driving if your ability to "operate a vehicle as a reasonable and prudent driver was impaired to some degree by the consumption of alcohol". That is proved by your speech, walking, driving, smell on your breath, ability to answer questions, and the BAC test as well as the officer's opinion of whether you passed or failed the field sobriety tests as written on the documents your attorney will be given.
    Answer Applies to: New York
    Replied: 6/30/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    You have a basis to suppress the evidence, if the officer's records and recollection matches yours. Stay well.
    Answer Applies to: Alabama
    Replied: 6/30/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    If you were documented as over the legal limit at the time of your arrest then your defense options are quite limited. Field sobriety tests are not always considered admissible in court so your ability to 'pass' one is unlikely to be an item that would work in your favor. Your best option is to hire an experienced DWI lawyer in your local area who will be able to work to attempt to negotiate a reduction in charges and/or sentencing on your behalf. If you are seeking legal representation in this matter in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation.
    Answer Applies to: Louisiana
    Replied: 6/30/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Yes, you can fight the DUI charge, but the police and judge will tell you, you cannot pass the field sobriety test because it is not that kind of test, it is only an indication of your level of impairment. There was a reason the officer stopped you (what did he observe?), and you were already under arrest for DUI when you were asked to take the breathalyzer. When you blew .09 or .10 (just over the legal limit) there was confirmation that you were impaired. In addition, I have never known anyone that has blown a .09 and passed the horizontal gaze test, because the eyes cannot be controlled. Does all of this mean don't hire an attorney? I am not going to court without an attorney, because there are other things that an attorney may be able to challenge, there may be the possibility of getting your license back earlier. Whether you retain an attorney is totally up to you, but you cannot complain about how unfairly you were treated compared to another that did have an attorney when it is all over. See my website for other hints.
    Answer Applies to: Georgia
    Replied: 6/29/2011
    Law Office of Thomas A. Medford, Jr., PC
    Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
    You can fight a DUI charge even if the breathalyzer was over the limit however some states have laws have laws which make a test result above a limit sufficient to sustain a DUI conviction. This is the type of situation where it would be wise to consult an attorney who is skilled in the defense of DUI cases.
    Answer Applies to: District of Columbia
    Replied: 6/29/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    Like most machinery, breathalyzers can and do malfunction and the accuracy isn't always going to be perfect (police officers, crime lab techs and prosecutors may claim otherwise but I think common sense dictates somewhat of a rate of error). Thus your "just over the legal limit" could actually be "just under the legal limit," providing your lawyer can sell that to the jury as reasonable doubt. If you passed the FSTs, so much the better. You may have a decent case, but you will need to find an experienced DUII attorney who practices in your jurisdiction.
    Answer Applies to: Oregon
    Replied: 6/29/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Yes, it is likely with the right attorney that you will get a reduction in your charge to a non-crime. Hire someone who is local and experienced at DUIs. Good luck.
    Answer Applies to: New York
    Replied: 6/29/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Usually most State Laws will consider a chemical test that is above the statutory limit set, as a "per se" violation. This means that if the test was performed according to the proper procedures, the results will be admissible in court to show you were presumed to be impaired. You will have a more difficult case to win. You should consult with an experienced DUI attorney concerning your specific case.
    Answer Applies to: Kansas
    Replied: 6/29/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If you hire an attorney who knows the ins and outs of DUI cases, you stand a good chance of winning your case. The fact you blew above the limit, but barely did so, is a rebuttable presumption of guilt. That means, if what you say is backed by the officer's testimony, the presumption of being under the influence, can be beat with his saying, in all other ways, you were not under the influence, and that is borne out by the results of the field sobriety tests. Warning: you MAY have thought you passed the tests, but in fact, the alcohol you consumed gave you a false feeling that you passed them. Get the lawyer ad let his assess the total evidence that the prosecution has against you, before deciding how to proceed in your matter.
    Answer Applies to: Illinois
    Replied: 6/29/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    If you hire an attorney, he or she can probably get you a plea to a lesser charge. We have to be careful when concluding that one "passed" the field sobriety tests. Unless you were having an out-of-body experience where you could watch the tests, it is difficult to know how one performed. "So You Think You Can Dance" is a prime example of what I am explaining. Some people believe honestly that they are exceptional dancers. A T.V. camera and a few judges can tell a different story. Just as a lot of people on American idol cannot carry a tune across the street in a briefcase. The bottom line is you may be correct from your point-of-view. However, a criminal defense attorney; particularly one who handles DUI cases is trained to evaluate the entire incident and render an honest opinion on the path you may take. Likewise, the breath test is a complex instrument and requires an understanding of basic physics and optics. Some Washington attorneys have spent decades tearing down the breath test instrument. You should hire someone who can demonstrate a working knowledge of breath testing and plea negotiations. I have practiced for twenty years in criminal law as a prosecutor and as a defense attorney. Please feel free to contact me should you wish to discuss this matter further.
    Answer Applies to: Washington
    Replied: 6/29/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    You may be able to beat the charges if you are just over .08. You would probably need a defense expert witness to talk about the BAC test and how accurate / inaccurate it is. YOu should be able to get the charge reduced to negligent driving in the first degree.
    Answer Applies to: Washington
    Replied: 6/29/2011
    Harris Law Firm
    Harris Law Firm | Jennifer C. Robins
    In Oregon, a person may be found guilty of a DUII charge in two ways. The prosecutor can either prove to the jury that the subject was impaired to a perceptible degree at the time of driving, or that the subject's blood alcohol concentration was a .08% or above at the time of driving. In your situation, if you were just over the legal limit, and depending on how long the field sobriety tests and the ride to the jail and the booking process took, you could argue that at the time of driving, your blood alcohol concentration was below a .08%, but that it increased during your encounter with the officers. This argument is highly depended on how well you did on the field sobriety tests and if their was any bad driving. I suggest you consult with an attorney experienced in DUII law in your state.
    Answer Applies to: Oregon
    Replied: 6/28/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    The most damaging evidence in a DUI case is your blood alcohol content (BAC) level. The field sobriety tests are optional (although the officer rarely tells this to the driver) and you may refuse both the FST and the preliminary alcohol screening (PAS) test if you are over the age of 21. A PAS is a breathalyzer given in the field. However, you will either have to choose between a blood test or a breath test at the station after you are arrested. Even though you passed the FSTs, you may still be found guilty for driving under the influence if your BAC was at a .08 or higher. A good attorney will request the calibration records for such machine and get more specifics on the reason for the traffic stop. A PAS must be calibrated every ten (10) days and that calibration must be documented. It is still very beneficial for you to hire an attorney to fight your DUI because, often times, there are flaws which may give a false, high reading.
    Answer Applies to: California
    Replied: 6/29/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    Hello- Yes, you can. You will likely have to overcome the presumption that you were DUI by showing how your driving was not effected.
    Answer Applies to: Colorado
    Replied: 6/29/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Of course you can fight it. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. While this isn't a 'capital case', you certainly face potential jail and fines, so handle it right. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Go to trial if it can't be resolved with motions or a plea bargain. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. Keep in mind that your version of the story that you passed the FST, will be different than the officers version. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. Keep in mind a little free advice: When you are arrested for DUI, whether alcohol or drugs, then upon release from jail or booking you were given documents that included a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things, then hire an attorney that does.
    Answer Applies to: California
    Replied: 6/28/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Cannot really comment on the quality of the case, but you should hire an attorney. Based on your comments, you should get a better result than if you represented yourself.
    Answer Applies to: California
    Replied: 6/28/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    The statute in Michigan makes it a crime to drive with a blood alcohol of 0.08 or greater. However, if you were just above the legal limit and you otherwise have a clean record, the is a chance that the prosecutor may offer a reduced charge of impaired driving. An attorney could be helpful in assisting you throughout this process.
    Answer Applies to: Michigan
    Replied: 6/28/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    It will depend on the jurisdiction you are in and all of the facts in your case. You will need to consult with an attorney to determine whether you should pursue this with the assistance of an attorney I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 6/28/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    If you are charged with a DWI then you should definitely hire an attorney. If you cannot afford one, the judge may appoint a lawyer to represent you free of charge. You may be able to beat the charge. There are a lot of factors involved. Too many to go into by email. But, all testing devices have margins of error. So, if you are really close, then you could argue that the reading is over the limit only because of the machine's margin of error.
    Answer Applies to: New York
    Replied: 6/28/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    On a low test it is always important to hire an attorney to fight the charge since they know how to attack the test and get better result. Also an attorney should be able to advice you on how to fight the administrative matter.
    Answer Applies to: Nebraska
    Replied: 6/28/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    You can either fail the test or the breathalyser and be charged with DUI.
    Answer Applies to: Pennsylvania
    Replied: 6/28/2011
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    From what you have mentioned in your message it sounds like a good case to me. If you were just a little bit over the limit then you will probably not appear very impaired if there is a video. Also, your test result may be within the recognized margin of error for the Intoxilyzer. I would welcome a call from you.
    Answer Applies to: Georgia
    Replied: 6/28/2011
    Anderson & Carnahan
    Anderson & Carnahan | Stephen Anderson
    Contact an attorney in your county, I would be glad to discuss your options.
    Answer Applies to: Colorado
    Replied: 6/28/2011
    Singh Law Office
    Singh Law Office | Kulvinder Singh
    Yes. Pay for a trial and you might win, or settle for something dry/not DUI related. Hire a good lawyer and you will get a plea deal with less penalties and consequences.
    Answer Applies to: California
    Replied: 6/28/2011
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    It depends on how high the blood alcohol level is. A BAC over .08 is a violation but if the BAC is close sometimes it can be reduced to a wet reckless. It may be worth having a lawyer look at your case.
    Answer Applies to: California
    Replied: 6/28/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    Yes you certainly can fight an DUI on those facts. I would need to know how far over the legal limit you were on the Breath Test (BT). If you would like to discuss this in more detail call me.
    Answer Applies to: Massachusetts
    Replied: 6/28/2011
    Law Offices of Marshall Tauber
    Law Offices of Marshall Tauber | Marshall Tauber
    Every case should be explored for a vigorous defense and every option should be considered. Passing the field sobriety tests helps but is not grounds alone for a perfect defense. An experienced defense attorney helps no matter what as we can provide expert analysis regarding your decision making & assist you in determining your chances &likelihood for success.
    Answer Applies to: Michigan
    Replied: 6/28/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    You should hire an attorney to contest the accuracy of the breatalyzer and if you have any other defenses.
    Answer Applies to: New York
    Replied: 6/28/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    yes, the question is whether or not you were impaired. over an .08 it is presumed that you are impaired, but that could overcome by other competent evidence that a good DUI lawyer could present. get a lawyer.
    Answer Applies to: Florida
    Replied: 6/28/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    Cases where the breath test is slightly above the limit are certainly contestable. The intox machine has a margin of error.
    Answer Applies to: Georgia
    Replied: 6/28/2011
    Smith & John
    Smith & John | Kenneth Craig Smith, Jr.
    What was the amount that you blew?
    Answer Applies to: Louisiana
    Replied: 7/10/2013
    The Law Offices of Greg Gray
    The Law Offices of Greg Gray | Greg Gray
    The State has to prove you were over the limit at the time of driving, so you may have a good case. In other words you may have been below the limit at the time of driving but above it when the test was performed. And yes, you do need to hire an attorney.
    Answer Applies to: Texas
    Replied: 6/28/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Frankly, in my opinion, those limited facts don't sound too good, but it is important for you to retain a criminal defense attorney and discuss ALL the facts, along with your rights and options, before you make a decision. Good luck!
    Answer Applies to: Georgia
    Replied: 6/28/2011
    Law Office of William S. Smith
    Law Office of William S. Smith | William S. Smith
    You absolutely have a viable case under these circumstances. Given the many weaknesses inherent in breathalyzer machines and their ability to accurately measure blood alcohol content, you should do so. You should also retain a qualified, experienced criminal defense attorney right away.
    Answer Applies to: Massachusetts
    Replied: 6/28/2011
    Law Offices of Christopher Jackson
    Law Offices of Christopher Jackson | Christopher L. Jackson
    Depends. What county were you charged in? You will either have to find an error in the breath machine or convince the prosecutor to give you a deal.
    Answer Applies to: Kentucky
    Replied: 6/28/2011
    Fitzpatrick, Mariano, & Santos, PC
    Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
    A officer must have probable cause to arrest before he can administer any breath tests. An experienced attorney will review your case to determine if probable cause existed.
    Answer Applies to: Connecticut
    Replied: 6/28/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    You can fight it. If you don't hire a good dwi lawyer you almost guarantee a lose. Every case is fact driven.
    Answer Applies to: New Hampshire
    Replied: 6/28/2011
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    Of course. The uncertainty in the measurement may provide a defense because statistically you may be under the limit.
    Answer Applies to: Michigan
    Replied: 6/28/2011
    The Law Office of Corey Cohen
    The Law Office of Corey Cohen | Corey Cohen
    Yes cases like this are good. An experienced attorney like myself may be able to get the breath results thrown out. Call my office for a free consultation.
    Answer Applies to: Florida
    Replied: 6/28/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    Yes. The breathalyzer is subjective. I am a former federal and State prosecutor and now handle criminal defense including DWI cases. Feel free to contact me.
    Answer Applies to: New York
    Replied: 6/28/2011
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    A lot depends on your B.A.C. (Blood Alcohol Content).
    Answer Applies to: California
    Replied: 7/11/2013
    The Law Offices of Victor J Mazzaraco
    The Law Offices of Victor J Mazzaraco | Victor J Mazzaraco
    You were charged with 21352(a) and 21352(b), right? One of them requires you to be impaired due to alcohol, drugs, or a combination of the 2. The other applies if your BAC (blood alcohol content ) is over the legal limit of .08%. You can argue you weren't impaired or under the influence, but if you were above .08 bac the other charge would apply. There is a bright side, though, and that is most cases with a bac of .08 or .09 and sometimes .10 are settled for a lesser charge, something like a wet reckless plea instead of a plea to the dui charge.
    Answer Applies to: California
    Replied: 6/28/2011
    Law Office of Barry Melton
    Law Office of Barry Melton | Barry Melton
    One of the logical conclusions that can drawn from your facts, as you present them, is that your blood alcohol may have been "rising" at the time your field sobriety tests were administered. It takes some amount of time before alcohol gets absorbed into the blood stream, and the absorption time depends on such factors as the amount of food consumed when drinking alcoholic beverages. (Most folks who've consumed alcohol understand it takes effect faster on an empty stomach.) So it is perfectly possible in your case that you were sober at the time you were stopped; but you became drunk during the intervening time between the stop and your test, because you absorbed more alcohol into your bloodstream during that intervening time. If you were only a short distance from your destination at the time you were stopped, the argument can be made that - if you hadn't been stopped by the officer - you would have made it home before you became drunk. Experienced DUI lawyers understand the "rising blood alcohol" defense and, depending on a more complete review of the facts in your case (including a review of the police report[s]), it may be possible to fight your case and win (or at least get the prosecutor to reduce the charges). It's a good idea to have any case involving a breathalyzer "just over the legal limit" handled by a lawyer with experience in DUI litigation.
    Answer Applies to: California
    Replied: 6/28/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    First, if you were charged, the officer will say that you failed the field sobriety tests. If you passed, they would have no basis for an arrest. As a result, you performance on the tests is a matter of credibility to be challenged if and when the officer testifies. Second, it is a criminal offense to operate a motor vehicle with a blood alcohol concentration above the proscribed limit of .08. That is true even if you are a little over. However, there are many defenses to any DWI. The officer must have the requisite reasonable suspicion of a particularized crime to stop you. They must have a more defined basis to believe you are intoxicated to request field sobriety tests. The officer must also follow very defined statutory procedures where if even one step is missing, may form a basis for a challenge. Often, the defenses are not entirely apparent until discovery is completely provided. As a direct result, you should hire legal counsel.
    Answer Applies to: Minnesota
    Replied: 6/28/2011
    West law Office
    West law Office | Russell West
    If your BAC was over .08 you could be convicted of a DUI if the arrest was legal and the officer did not make any errors. However an attorney should have a good chance of getting the charge reduced to a lesser offense. You don't have to hire an attorney but I would recommend it as an attorney will know how to negotiate with the prosecution to get the best deal possible.
    Answer Applies to: Washington
    Replied: 6/28/2011
    Sharifi & Baron
    Sharifi & Baron | S. Yossof Sharifi
    Maybe. There is no pass or fail on the field sobriety tests. In fact, there are some judges that actually exclude the field sobriety tests if the prosecutor makes that motion and they just go forward on the breath test. A DUI is extremely complex and you need a good DUI attorney to fight these.
    Answer Applies to: Utah
    Replied: 6/28/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    What really matters is the Data Master result at the police station. If it's over, it's over even if it's just by the smallest of margins. However, that doesn't mean all is lost. There may be problems with the machines calibration or other factors that could be argued. You need to have an experienced DUI attorney review the police report and lab results for any errors that could get the charges reduced or dismissed. A good DUI attorney will more than pay for himself in what he can save you in the long run in fines, costs, probation, vehicle immobilization, higher insurance premiums, and the like.
    Answer Applies to: Michigan
    Replied: 6/28/2011
    Law Office of Jonathan I Kelman
    Law Office of Jonathan I Kelman | Jonathan Irik Kelman
    If you are right around the legal limit, then you must hire an attorney who knows that courthouse. I am more than confident that I could get a reduction in charges and possibly avoid any alcohol conditions whatsoever (i.e. save you boatloads of $$$$ with insurance). Please feel free to call me to discuss at your earliest.
    Answer Applies to: California
    Replied: 6/28/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    YES, you definitely can aggressively defend a DUI charge, but if your blood alcohol result was above the legal limit you will likely need to call a defense expert to explain that the test result is not reliable. Another issue is that you say you passed the field tests performed by the officer. However, it is very often the case that when you read the police report the police officer will not share your beliefs. If you are going to fight the charge you will need an experienced DUI defense firm on your side because the prosecuting attorney will do all that he or she can to try to have you found guilty.
    Answer Applies to: California
    Replied: 6/28/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    The officer would not have been able to arrest you if you had passed all of the field sobriety test. If you blew just barely over the legal limit you could still be convicted but your chances of avoiding a conviction are much better if you hire an attorney.
    Answer Applies to: Alabama
    Replied: 6/28/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Yes. I have had a lot of success getting DUI charges dismissed and reduced without having to go to trial in cases where the blood alcohol level (by way of blood test or breathalyzer) was just over the legal limit. I have had success in cases where the BAC was way above the legal limit as well.
    Answer Applies to: California
    Replied: 6/28/2011
    Expert Bronx Criminal Lawyers
    Expert Bronx Criminal Lawyers | Alexander Sanchez
    Yes. Since you passed the field test, the breath test seems to be in question. If you are just above the limit, your lawyer may argue that the chemical test is not reliable since you passed the field test, and that the breath test should not be granted greater weight. Advice: Hire a lawyer.
    Answer Applies to: New York
    Replied: 6/28/2011
    Mercado & Hartung
    Mercado & Hartung | Stephanie Hartung
    You should absolutely hire an attorney. There may be other legal issues involved in your case that you are unaware of as well. DUI law is quite complicated and the consequences are very harsh (even for a first offense). The only way to avoid the mandatory penalties is to have your case reduced to something lower (or best case scenario dismissed). Call a few attorneys before making your final decision to make sure you get the right one for the right price. Good luck!
    Answer Applies to: Washington
    Replied: 6/28/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    You can certainly hire an attorney to represent you in this case. This is important when your freedom is at risk.
    Answer Applies to: Michigan
    Replied: 6/28/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    There is the possibility that it could be fought. The attorney would have to read the police reports to find if the police would admit that you passed the tests and then schedule a hearing on the issue of probable cause to arrest you.
    Answer Applies to: Michigan
    Replied: 6/28/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes, you do. But keep in mind that nobody ever passes FST's, which are designed so the cop can make the charge stick. If you are asked to do 20 things and did 19 of them right, guess what will show up in the report? Yes, the one thing you did wrong. But, being close to the legal limit gives your lawyer more room to negotiate with the prosecutor. Contact a DUI specialist, who will be in a position to give you advice based on the court which you are scheduled to appear in.
    Answer Applies to: California
    Replied: 6/28/2011
    Law Offices of Elliott Zarabi
    Law Offices of Elliott Zarabi | Elliott Zarabi
    You may be able to reduce it to a wet/dry reckless with adequate defense. Hope this helps, please feel free to call me with any questions you may have.
    Answer Applies to: California
    Replied: 6/28/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Absolutely! Hire a good lawyer and you may well be able to get a not guilty, if not a dismissal. The breath test was not taken exactly at the time of driving so it could be off even enough to be irrelevant to the time of driving. And, not everyone believes that the test works properly and are far more influenced by the field sobriety tests.
    Answer Applies to: Texas
    Replied: 6/28/2011
    Michael R. Nack, Attorney at Law
    Michael R. Nack, Attorney at Law | Michael R. Nack
    In Missouri you need to hire an attorney without any doubt. The negative consequences from mis-handling a DUI charge can effect you for the rest of your life. It really does not matter much if you "passed" the field tests, but there may be other facts that your attorney can use in your defense, If not, it is probable that your attorney can negotiate a plea bargain for you which will avoid the conviction. I have handled hundreds of these cases in the thirty-three years that I have been practicing law, and I might be able to offer my services to you. Please feel free to contact me.
    Answer Applies to: Missouri
    Replied: 6/28/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    It depends on a lot of details, but maybe. If you passed the field sobriety tests, the breathalyzer may be subject to suppression. If you decide to hire counsel, you need to find a skilled DUII attorney.
    Answer Applies to: Oregon
    Replied: 6/28/2011
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