Can my DUI be dismissed if I blew a 0.07 at the police station? 1 Answers as of October 26, 2017

I had literally two beers and a zip of patron not even a shot and slice of pizza. I drove home. I wasn't buzzed or anything. I hoped on the freeway. My friend and I were arguing and I was focused on arguing with him. I was also putting directions in my phone. I swerved a little and a CHP pulled me over asked if I had been drinking. I said only two beers. He performed the standardized tests then I said that he needed me to blow on the breathalyzer. I refused then he said that I am under arrest for refusing officers order. I said alright and let me blow on the breathalyzer. He said no and it’s too late. Then the whole way to the police department, I was very upset and arguing with them. Once I got the police station, he said that I can blow or choose blood. I chose the breathalyzer then he said the legal limit is 0.08. I blew 0.07 and I was still arrested for driving under the influence. I was in jail for 12 hours. They gave me a pink paper that says 0.07 and the ticket which has the court date. He put 1.1 which is a lie. Can this DUI be dismissed? I have never been in trouble or jail. This is my first time in trouble with the law.

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Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Unfortunately even if you blew under the legal limit, they can still charge you with VC 23152(a), which is probably what is listed on your ticket. However, you have a great case for a dismissal, provided you have proper representation. Contact a DUI specialist soon to protect yourself both from court and the DMV.
Answer Applies to: California
Replied: 10/26/2017
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