Can I get my DUI dismissed? 65 Answers as of June 16, 2011

I got pulled over for driving with my lights off. The officer asked me if I had been drinking and I told him I only had a couple, which was the truth. They had me get out of the car and do their field sobriety tests. I passed ALL of the tests, but they still didn't believe that I was not intoxicated. They had me do the breathalyzer and took me in (I was NOT told what my BAC was). On my "receipt" it says I blew a .07. Can I get this entire thing dismissed?

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
You may be able to get the DUI charge dismissed but probably not the driving with lights off. You should hire an attorney to make a written motion to dismiss.
Answer Applies to: New York
Replied: 6/16/2011
Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
If you were below 0.08, yes you can and will get the case dismissed. For more information, please see my website or call me for a legal consultation.
Answer Applies to: California
Replied: 6/14/2011
Law Offices of Michael Stephenson
Law Offices of Michael Stephenson | Michael Stephenson
Not necessarily. Even if your BAC was under .08, you can still be convicted of DUI if your driving was affected by the alcohol in your system. That is a question that a jury will be asked to decide should your case go to trial. The officers will most likely testify that you failed the field sobriety tests and that your eyes were bloodshot and watery and that your speech was slurred. You should consult an attorney and go into more detail with the particular facts of your case to determine what your options are.
Answer Applies to: California
Replied: 6/14/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
You may have a defense to a DUI charge. The .07 breath sample is not a presumption of impairment as it would be with a .08 sample, but the state can make additional proffers of evidence to prove you were impaired. If you passed all the sobriety tests, you may have a valid defense to the DUI. You should consult with an experienced DUI attorney.
Answer Applies to: Kansas
Replied: 6/14/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
Your summary states that you admitted drinking to the officer that pulled you over. That was your second mistake. Your first mistake was getting into a car after you had been drinking. Your BAC was .07, which is just under the legal limit of .08. You are presumed to be "impaired" between .05 and .07. You will likely be found guilty of Driving While Impaired, a violation not a crime. You insurance will increase dramatically and you will lose your license for 90 days. You will pay a $500 fine and go to Drinking and Driving School.
Answer Applies to: New York
Replied: 6/13/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    No, it will not be dismissed, but they should have only charged you with driving while impaired rather than intoxicated. Hire a good lawyer and the case will likely be reduced somewhat and the fine lessened. Good luck.
    Answer Applies to: New York
    Replied: 6/13/2011
    Vermeulen Law office P.A.
    Vermeulen Law office P.A. | Cynthia J.Vermeulen
    No attorney can give you a valid opinion about the likelihood of dismissal of your DUI or DWI case without having all the facts, and without knowing the state and jurisdiction of your charge. The facts of each individual case require careful analysis by an experienced criminal defense attorney. Given the unique legal and factual issues raised in each DUI or DWI case, it is essential to have qualified legal representation on this case. There are many future consequences this type of conviction can have on your future. There are also driver's license consequences that are often immediate and require quick action in consulting an attorney in order to challenge this issue.
    Answer Applies to: Minnesota
    Replied: 6/13/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Anything is possible. You may think you passed the field sobriety tests, but the officer, in his opinion, believes you failed them. One thing you do have going or you is the breath test result of .07, which is below the per se limit for being under the influence, but beware: the courts will be looking at ALL the evidence, which includes the officer's opinion. I would suggest you hire a good lawyer to defend you and yes, it IS possible the case will be dismissed, it all depends on what evidence the police have against you.
    Answer Applies to: Illinois
    Replied: 6/13/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    In most jurisdictions, if you passed the field sobriety tests, the officer lost probable cause to believe you were operating a vehicle while under the influence and could not ask you to take further tests. You had better get an attorney.
    Answer Applies to: Washington
    Replied: 6/13/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    You can be convicted for driving under the influence of alcohol. The proof for driving under the influence is the officer's opinion that you were intoxicated to the point that you were unable to safely operate a motor vehicle on the public streets. Normally, a PEI reading of .08 is presumed to be under the influence and you blew below that with .07. You may have a chance of winning the case at trial, or settling the case without conviction, but the case will not likely be dismissed.
    Answer Applies to: Alabama
    Replied: 6/13/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    It sounds like you have a trialable. Get an attorney.
    Answer Applies to: California
    Replied: 6/13/2011
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    You probably will not get the matter dismissed now but it sounds like you have decent facts for a trial that may end in an acquittal for you.
    Answer Applies to: Michigan
    Replied: 6/13/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    Even though most people think that if you're below a .08, it isn't a DUII, that's not really true. In some states (like Oregon, where I practice), the state can also charge you with DUII if you are "impaired to a noticeable and perceptible degree." This is the standard used in cases when people refuse a breath test, but also sometimes used in cases where the person blew less than .08. It is actually fairly common to see people charged with DUII at .07 or even .06 (when you think about it, there's not much difference between .06 and .08), as long as the DA thinks he can prove the "impairment." It kind of makes sense when you take into consideration that, at least in Oregon, the breath test is administered at the police station after the arrest (as opposed to at the scene) and that some time can pass between the driving and the breath test, sometimes hours. If the arrested person is not drinking between driving and the breath test, his or her blood alcohol content is going to go down during that time, thus the person who blows .07 at the station may have been above .08 at the time of driving, which is the time that counts!
    Answer Applies to: Oregon
    Replied: 6/13/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    DUI has two code sections. One is just for being under the influence. The other is for having a BAC at or above .08. One might argue, depending on the circumstances, that a person who is driving w/o their lights on is DUI. As to the sobriety tests, that is a matter of opinion whether or not you passed them.
    Answer Applies to: California
    Replied: 6/13/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    First things first. When ever you are pulled over an asked about alcohol consumption the only response you should provide is if the Officer would like to see your driver license. Never admit, never lie. You are not required to answer such a question. A DUI could be dismissed if it is shown to the DA the elements cannot be proven a trial. In your case it might be be possible to get a wet reckless out of the settlement process, but to press for trial might be asking for too much. With a BAC of 0.07 there should not be any presumption of impairment. However, your interpretation of passing the FST's and the Officers opinion might differ. Just the driving without the headlights on can be used against you to show impairment of judgment. Good Luck.
    Answer Applies to: California
    Replied: 6/13/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    You should be able to get it reduced to a lesser offense (in WA this would be negligent driving in the first degree).
    Answer Applies to: Washington
    Replied: 6/13/2011
    Eric M. Mark, Attorney at Law
    Eric M. Mark, Attorney at Law | Eric Mark
    .07 is not a per se violation, meaning the prosecutor and police can still convict you if they can prove your ability to drive was impaired. This is a very defensible case and you should hire an attorney for your best chance to get everything dismissed or a not guilty finding.
    Answer Applies to: New Jersey
    Replied: 6/13/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    I would urge you to retain a criminal defense attorney in your community to discuss all your rights and options, and to see if the prosecutor will be reasonable. Good luck!
    Answer Applies to: Georgia
    Replied: 6/13/2011
    Anderson & Carnahan
    Anderson & Carnahan | Stephen Anderson
    In CO you can be charged with both DUI and DWAI over .05 BAC. I would gladly discuss your options.
    Answer Applies to: Colorado
    Replied: 6/13/2011
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    If you did in fact pass all of the field sobriety tests the case should not have been charged. I have a feeling that the officer's reports will state that you failed the tests. You definitely need to review your case with an attorney.
    Answer Applies to: Montana
    Replied: 6/13/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Normally they will plead it down to reckless driving.
    Answer Applies to: Nebraska
    Replied: 6/13/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    If your BAC was actually below the legal limit for intoxication, then it may very well be possible to have your charges dismissed and/or your case thrown out. You should speak with a local attorney who will be able to review the materials you were provided with after your arrest and make a determination as to whether or not you were in fact wrongfully arrested. It may also be possible for an attorney to negotiate with the District Attorney to have the charges dismissed if this seems appropriate. 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: 6/13/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    Unless there is something you haven't included that case can very likely be dismissed. D.A.s are reluctant to dismiss DUI s but with a good lawyer you have an excellent chance.
    Answer Applies to: California
    Replied: 6/13/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    No one can say whether or not you will be able to get the DUI dismissed. If you were over 21, in most states .07 would be under the limit and you would have a good case. You still need to hire a good DUI lawyer to either attempt to get the case dismissed or to represent you in the event of a trial.
    Answer Applies to: Georgia
    Replied: 6/13/2011
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    Speaking generally, yes, there is a possibility that anyone charged with a DUI may have their case dismissed. People charged with an offense are presumed innocent until proven guilty. The prosecutor needs to prove their case beyond a reasonable doubt. A person charged may not be guilty of any offense. I would recommend consulting with a local criminal defense attorney in your particular area who has experience with these types of cases for specific legal advice. Effective council may have a significant impact in the outcome of your case. Most attorneys provide free initial consultations. If you cannot afford to retain an attorney, you may be eligible to have the court appoint an attorney to represent you at public expense. However, availability of court-appointed council depends on your court or state's particular procedures and policies.
    Answer Applies to: Michigan
    Replied: 6/13/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    Possibly. The Da can still file against you if they believe under all of the circumstances it can be proven that you were under the influence of alcohol which can be based on factors other than the alcohol level alone.
    Answer Applies to: California
    Replied: 6/13/2011
    Vermeulen Law office P.A.
    Vermeulen Law office P.A. | Jacob T. Erickson
    You certainly have grounds to fight this case. However, in Minnesota a person accused of driving while under the influence can be convicted for having a blood alcohol concentration of 0.08 or more OR for driving while they are impaired by the alcohol they drank regardless of their blood alcohol concentration.
    Answer Applies to: Minnesota
    Replied: 6/13/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    In order to be charged with OWI, a person must have a blood alcohol content of 0.08 or greater. If your tests were 0.07, I don't think they can charge you. From your question, it does not sound like any charges have been brought to date. If they are, I would vigorously defend them.
    Answer Applies to: Michigan
    Replied: 6/10/2011
    Khayoumi Law Firm
    Khayoumi Law Firm | Salim A. Khayoumi
    In many states, a person can be guilty of DUI/DWI despite having a breath alcohol content below the "per se" limit (i.e. 0.08+ BAC). For instance, under New Mexico law a defendant can be found guilty of DWI ".if the defendant, as a result of drinking liquor, was less able to the slightest degree, either mentally or physically, or both, to exercise the clear judgment and steady hand necessary to handle a vehicle with safety to the person and the public." You should consult a licensed and experienced DWI/DUI attorney from the state where you were charged with DUI/DWI.
    Answer Applies to: New Mexico
    Replied: 6/10/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    It is very possible to get DUI charges dismissed in cases similar to yours, and I have done so successfully as noted on the successful case results of my website 1duilawyer.com. You should contact an experienced DUI attorney in your area to discuss your case in more detail.
    Answer Applies to: California
    Replied: 6/10/2011
    The English Law Firm
    The English Law Firm | Robert English
    In California, the standard for VC 23152(b) is .08 but that is not the only way to get a DUI. You can also be charged with VC 23152(a) which does not have a specific BAC content but is dependent on your observed driving, performance on field sobriety tests and other symptoms. You say that you passed all the FSTs, but that may not be true. There are specific factors that they look for and it can be extremely subjective. You really have no idea what the officer wrote down about your FST performance. It is likely a case that you can fight, however.
    Answer Applies to: California
    Replied: 6/10/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    First, if you passed the field sobriety tests, the probable cause for the charge may be challenged. Second, I can guarantee that the officer will state that the tests were not completed in a successful manner and there was indicant of intoxication. At a probable cause hearing, the observations of the officer can be challenged and, in many instances, the field sobriety tests are recorded on squad vehicle cameras. A BAC of.07 is under the legal limit. That means to prove a DWI case, the prosecutor must demonstrate that alcohol consumption actually impaired the vehicle operation. That would be very difficult to do without some additional observations of poor driving conduct. For a case such as this, you must hire experienced DWI counsel.
    Answer Applies to: Minnesota
    Replied: 6/10/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    Assume Oregon law applies: You can be less than a .08 and be DUI if the alcohol you consumed affected you to a perceptible degree while you were operating a motor vehicle. You have a defendable case based on your statement of facts, because .07 is not .08; headlights are not a big deal and you passed the FST. Nice job, not get ready to go to trial because the DA will probably not dismiss it. Call if you want to discuss further. Mention you located me through LawQA.
    Answer Applies to: Oregon
    Replied: 6/10/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    It appears that your case is defensible, however, it may need to go to trial, depending on the Court and the Prosecutor. In Michigan, below .08 there is no presumption of intoxication. There would need to be a showing of driving affected by the use of alcohol. If the only evidence is driving with the lights off, this is a difficult case to win. However, it will depend on your jury and whether there is any other evidence of alcohol affecting your driving. You should hire an attorney to represent you to explore the possibility of a dismissal or a plea to a non-drinking offense. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 6/10/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    Perhaps. You would need to establish that you passed all the tests and provide the BAC result.
    Answer Applies to: Pennsylvania
    Replied: 6/10/2011
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    Generally you may be arrested for driving under the influence or ability impaired, In order to be charged with driving while ability impaired the blood alcohol content needs only to be above .05 and below .08, as a result you fall within this category and were properly charged. I would suggest hiring a good defense attorney immediately, if you would like to further discuss your case contact us immediately to discuss your case further.
    Answer Applies to: New York
    Replied: 6/10/2011
    Justin Jones Attorney at Law, PLLC
    Justin Jones Attorney at Law, PLLC | Justin Blaine Jones
    You need to contact a DUI attorney immediately. If you are correct that your BAC was .07 then you were not over the legal limit in many states. You may be able to get this dismissed.
    Answer Applies to: Mississippi
    Replied: 6/10/2011
    West law Office
    West law Office | Russell West
    There was probable cause to pull you over since your lights were off. It is possible for someone to still be charged with a DUI if your BAC was under .08 however you have a good shot at getting the DUI dismissed or at least greatly reduced. If in fact you passed all the field sobriety tests and your BAC was under the legal limit you probably should not have been charged unless the officer felt you were showing signs of driving under the influence even though you were not over the legal limit. The DOL should not be required to suspend your license if your BAC was under .08 but you will need to request a hearing depending on your state laws.
    Answer Applies to: Washington
    Replied: 6/10/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Yep, if you are over 21, you sure can. The BAC maximum level is lower for minors. Get a lawyer. Stay well.
    Answer Applies to: Alabama
    Replied: 6/10/2011
    Eric J Schurman, Attorney at Law
    Eric J Schurman, Attorney at Law | Eric James Schurman
    Possibly. It's important to hire an attorney to get the best result. Feel free to call to discuss further.
    Answer Applies to: Washington
    Replied: 6/10/2011
    Law Offices of Carl Spector
    Law Offices of Carl Spector | Carl Spector
    Having a BAC of .07% is below the legal limit for intoxication of .08%. However, the police can use additional factors to try to establish that you were intoxicated. They will use the field sobriety tests and other factors to bootstrap their case. However, with a well analyzed defense you may be able to get your case dismissed or reduced.
    Answer Applies to: New York
    Replied: 6/10/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    It may not be filed at all depending on what your breath or blood result from the station is. If that result came back under .08 then the DA will probably reject the case. They have until your court date to decide whether to issue the case. Call me if you want and I can call to see if the case is being issued.
    Answer Applies to: California
    Replied: 6/10/2011
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    To get a proper answer, you should be talking to attorneys about the case in person so you can discuss the details. No one responding will be able to give you a good answer based on the little information that has been provided. However, in California a .07 BAC simply means that there is insufficient evidence to convict you of driving with a BAC of .08% or more. That does not mean that you may not be convicted or a different or lesser offense. Speak with an attorney. They will be able to discuss the potential for dismissal base on the specifics of your case.
    Answer Applies to: California
    Replied: 6/10/2011
    The Law Offices of Greg Gray
    The Law Offices of Greg Gray | Greg Gray
    Possibly. In Texas .07 is below the legal limit. From the facts presented, you probably want to take this to trial if it is not dismissed. That will be for your lawyer to decide because he or she will have more information to make that decision.
    Answer Applies to: Texas
    Replied: 6/10/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Possibly you could fight the matter but you might get convicted of the lesser crime of operating while impaired. you would have to convince a jury that you were not impaired.
    Answer Applies to: Michigan
    Replied: 6/10/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    Hello- While a DUI charge requires an alcohol result of over .08, a DWAI charge exists for .05-.08. So your charge should be a DWAI, which is better (no drivers license revocation, and smaller penalties. I have had such cases dismissed after a trial only where it can be shown there was no "bad driving." Driving with your lights off at night does give the officer permission to stop your car; however, it does not always mean impaired driving. I hope this answers your question, if not let me know.
    Answer Applies to: Colorado
    Replied: 6/10/2011
    Law Office of Thomas J. Ogas
    Law Office of Thomas J. Ogas | Thomas Ogas
    With those facts, I'd be surprised if the DA even files charges. There probably won't even be a case with only a .07 And if there isn't a case, you should still talk to an attorney about getting the arrest cleared from your record.
    Answer Applies to: California
    Replied: 6/10/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    CAN the case end up being dropped? Of course. Is that likely, just because you want it? NO. The police and DA don't spend time and money arresting, charging and prosecuting cases only to drop them. That's not how the system works. Your .07 BA is almost high enough to be legally presumptively under the influence. Your opinion of your competence to drive at the time is quite irrelevant to them at the scene, or to the DA in court. If there are valid defenses, facts, evidence, witnesses, sympathies, etc. that would allow an attorney to defend the charges and keep the prosecutor from proving the case as alleged, then, yes, the case could be won. Won through motions, won at trial, or won by negotiated plea, reduction or dismissal. You won't know until you consult with counsel with ALL the facts. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me to arrange a consultation to discuss the facts and fees.
    Answer Applies to: California
    Replied: 6/10/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    You will need a lawyer if you want to try to get the case dismissed. I am positive that the officers' evaluation of your performance on the field sobriety tests will differ from your evaluation and that they will say that for various errors you did not pass them. That you blew under the legal limit may help you achieve a dismissal if the State does not have factors from which one could extrapolate back to show that at the time of driving your BAC would have been higher - over the legal limit.
    Answer Applies to: Texas
    Replied: 6/10/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    Probably. Did you take a blood test? If your state is .08 then you should be able to get it dismissed.
    Answer Applies to: Utah
    Replied: 6/10/2011
    The Law Office of Randall S. Woodard
    The Law Office of Randall S. Woodard | Randall Scott Woodard
    It is unlikely the prosecutor will simply dismiss your case, I was a prosecutor for 19 years and believe me an outright dismissal is very rare. You may have a good defense though that could allow you to win at trial or perhaps negotiate a more favorable disposition of your case, particularly on the eve of trial. At .07 there is no presumption as to whether you were impaired by the consumption of alcohol. The state will have to prove your impairment by other factors as well. Do not be too certain you passed the tests, they are graded in many ways you may not anticipate, the tests may be on video. There is always the question as to whether the officer executed the tests in compliance with the National Highway and Traffic Safety Administration guidelines. If not, it strengthens your defense. I hope this helps. Good luck and please call if I can be of any assistance.
    Answer Applies to: Illinois
    Replied: 6/10/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    The government has more than one way to charge a DUI. Typically it is either that your BAC was at or over .08 or that you were driving while impaired, as defined under the law. There are many facts involved in defending a DUI case successfully and the limited number of facts in the question are just the beginning. You should hire a criminal defense attorney to take on your case as quickly as possible. Remember also that even before your arraignment your driver's license may be affected and your defense attorney can prepare for those hearings if you hire him early.
    Answer Applies to: Hawaii
    Replied: 6/10/2011
    Fitzpatrick, Mariano, & Santos, PC
    Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
    Every state has different BAC limits for intoxication. If your BAC is below the legal limit, the state may charge you with a lesser offense, ie. Driving while impaired. only in the court's discretion. The dui charge can be dismissed It does not matter if you believe that you passed the tests does not matter; the court will rely on the police report as true until proven otherwise.
    Answer Applies to: Connecticut
    Replied: 6/10/2011
    Noah A. Bradow, Attorney & Counselor, pllc
    Noah A. Bradow, Attorney & Counselor, pllc | Noah A. Bradow
    It sounds like you have some serious issues that need to be raised in your case. Although you blew under the legal limit you could be subject to prosecution for what is commonly referred to as "impaired" driving. However, that implies that there were issues with your driving. In these kinds of cases, it is important to have any attorney who will properly cross-examine the police officer and aggressively represent you. You may contact my office to discuss your case further.
    Answer Applies to: Michigan
    Replied: 6/10/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    The minimum is .08 to be drunk and .07 is obviously under that. If you passed all the FST (congrats I don't think I've ever seen that), then their case will be difficult to prove. You need to have an experienced DUI attorney carefully review the case and chemical test results to check for errors that could get the case dismissed or the charges reduced.
    Answer Applies to: Michigan
    Replied: 6/10/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    **It depends upon what state you're in and how old you were (were you under age)? Consult a DUI attorney who can give you your options upon knowing all of the facts.
    Answer Applies to: Colorado
    Replied: 6/10/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    You need to retain counsel conversant in DWI laws such as our firm. Based on what you told me, you have an excellent chance of winning at trial.
    Answer Applies to: New York
    Replied: 6/10/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    The good news is that's only a violation. Whether you can suppress the result depends on what the officer says about his observation of you, ie odor of alcohol on breath, etc.
    Answer Applies to: New York
    Replied: 6/10/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Possibly. Contact a DUI specialist soon, as the DMV aspect requires timely action, or you lose your license by default.
    Answer Applies to: California
    Replied: 6/10/2011
    Bruce H. Lehr, P.A.
    Bruce H. Lehr, P.A. | Bruce H. Lehr
    It depends on how the cops describe your physical tests. Everyone thinks they do well. The DUI can be proven by BAC or impairment.
    Answer Applies to: Florida
    Replied: 6/10/2011
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