Can my son get charged with a DUI even if he was driving at below limit? 63 Answers as of June 20, 2011

My 22 year old son was pulled over last night and charged with a DUI for blowing .075. Do we need to get a lawyer to fight his case?

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Law Offices of Scott Tibbedeaux
Law Offices of Scott Tibbedeaux | Scott Tibbedeaux
Yes, get representation because there is a rebuttable issue with the BAC level.
Answer Applies to: California
Replied: 6/20/2011
Gonzalez Law Associates P.C.
Gonzalez Law Associates P.C. | Carlos Gonzalez
Get a lawyer immediately, he may still be charged under law for driving while ability impaired which could still have some serious ramifications. If you would like to further discuss our representation on this case contact us as soon as possible to discuss.
Answer Applies to: New York
Replied: 6/20/2011
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
I highly recommend hiring an experienced DUI attorney to handle your son's case. And to answer your question, yes, pursuant to Vehicle Code 23152(a), there can be a DUI conviction even if under a .08 BAC. These fact alone though provides a very good defense for the case. I have had success getting DUI charges dismissed under similar circumstances (and in much worse circumstances).
Answer Applies to: California
Replied: 6/20/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
If you are going to fight this case you need an attorney.
Answer Applies to: California
Replied: 6/20/2011
Howard W. Collins, Attorney at Law
Howard W. Collins, Attorney at Law | Howard W. Collins
Not only can he be charged, he could be convicted. He needs a lawyer, now.
Answer Applies to: Oregon
Replied: 6/20/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    Although most of us have had it drummed into our heads that .08 is the "legal limit," many states, including Oregon, where I practice, have an alternative way for the state to prove a DUII. That would be something called "impaired to a noticeable and perceptible degree." Long story short, if your mental and physical facilities are adversely affected by the use of alcohol," then you are considered to be impaired. In this way a person can be convicted of DUII even if the person blows less than the magic number of .08. In my practice I see many .06 and .07 DUII cases. And yes, you should get a lawyer to assist your son.
    Answer Applies to: Oregon
    Replied: 6/20/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    Yes. While it might be difficult to convict your son of a violation of Vehicle Code section 23152(b) because his BAC was not .08 or higher, he can still be convicted of a violation of Vehicle Code section 23152(a) depending on what the Police testify as to his impairment level.
    Answer Applies to: California
    Replied: 6/20/2011
    Sharifi & Baron
    Sharifi & Baron | S. Yossof Sharifi
    Yes, hire a good DUI lawyer. Many agencies will go forward on a below the limit DUI (Cedar City and St. George are some examples). Don't let him plead guilty to anything without hiring a good DUI lawyer.
    Answer Applies to: Utah
    Replied: 6/20/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    A breath test of .75 can still be prosecuted. The statutory .08 that most people know about is the threshold whereby there is a presumption of impairment. Actually, the lowest BAT which could be prosecuted is .02. You should still consult with an experienced DUI attorney for specific guidance on this case.
    Answer Applies to: Kansas
    Replied: 6/20/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    DUI [Driving Under the Influence] means impaired driving in the eyes of the officer. If it had been over .08 BA, he would be charged with a second count of driving with over the legal limit. 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. 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. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be. 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 hearing and present any supporting evidence and testimony. If you don't know how to do these things, then hire an attorney that does. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
    Answer Applies to: California
    Replied: 6/20/2011
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    Yes, he could get charged with a DUI if the field sobriety tests show that he was impaired.
    Answer Applies to: Montana
    Replied: 6/20/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    The significant difference between DUI an DWI is the amount of alcohol. DWI occurs when the person is intoxicated. Intoxicated is defined as having a BAC of .08 or not having normal use of one's mental faculties or physical abilities due to the introduction of an intoxicant. DUI is driving under the influence - the legal definition is that he had alcohol in his system and it affected his ability to drive in some manner. To answer the second question, it depends: was he issued a citation Class C Misdemeanor - or will he be arrested for a Class B Misdemeanor? A class C is a ticket only offense, maximum fine $500. A Class B is a criminal offense, criminal record to follow him around, up to $2000 fine, and up to 180 days in jail. As you can see it is much more serious. On a practical note, I would never let my child go to any court without representation, but that is easy for me to say, since I can provide that representation. With that in mind, I will say this, a Class C can be lived down, it will increase your son's insurance and hopefully he has learned a valuable (and lets also hope not so expensive) lesson. A Class B, however, that can haunt him for life, get a lawyer.
    Answer Applies to: Texas
    Replied: 6/20/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    That is a very good fact scenario 6o recommend retaining a good lawyer. Chances are a good lawyer will not only save him from a license suspension, but will get a reduction or dismissal of the charges.
    Answer Applies to: California
    Replied: 6/20/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    This will depend upon the specific DUI laws of the state in which your son lives. The legal BAC limit varies from state to state (in Louisiana it is .08). It is important to be sure that your son was actually under the limit in your state. It seems unlikely that he would have been arrested and charged if her were not over the limit. Whether or not you believe that your son was wrongly arrested and/or charged, you should certainly consider hiring a criminal defense attorney to assist you in this matter. If you are seeking legal representation in the state of Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation.
    Answer Applies to: Louisiana
    Replied: 6/20/2011
    McWhirter Law Firm
    McWhirter Law Firm | Barry McWhirter
    Yes, he can still be charged. There are two different types of DUI in Tennessee. One is where you are driving with a blood alcohol level of .08 or above. Your son is very close to that limit, but he is below it. The other type of DUI, however, is just that you were driving while under the influence. If he did poorly on the field sobriety tests, then the State obviously feels that they have enough to prosecute him for DUI even though he was below the statutory presumption of intoxication at .08. Yes, I would definitely get a lawyer to fight the case.
    Answer Applies to: Tennessee
    Replied: 6/20/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Yes he can be charged and it might be for the charge of impaired. Get an attorney to assist him.
    Answer Applies to: Michigan
    Replied: 6/20/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    He could get a DUI at .07, but it will likely be reduced to negligent driving in the first degree. He should get a lawyer ot make sure the charge gets reduced.
    Answer Applies to: Washington
    Replied: 6/20/2011
    Allan & Summary
    Allan & Summary | Justin Summary
    Technically yes they can still charge him, but it sounds like an extremely weak case. Yes you definitely will need to get a lawyer to fight this.
    Answer Applies to: Missouri
    Replied: 6/20/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    I would urge you to retain a criminal lawyer as soon as possible to fight for all your rights and options, and to see if some favorable disposition might be possible. Good luck!
    Answer Applies to: Georgia
    Replied: 6/20/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    Yes and Yes. You can be charged with DUI if the DA thinks you can be convicted for being impaired regardless of the actual alcohol level result. These cases are harder to win for the DA however and a good certified criminal law specialist might be able to get a better result than a conviction for that offense.
    Answer Applies to: California
    Replied: 6/20/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    Your case would be a good one to fight. They can still charge him if they believe he was actually impaired, and they often do so if he failed the field sobriety tests. Still, you should talk to an attorney about trying to get the case thrown out, or conversely, taking the case to trial.
    Answer Applies to: Missouri
    Replied: 6/20/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    They may suspect drugs, it always best to get a lawyer to keep the prosecutor honest.
    Answer Applies to: Florida
    Replied: 6/20/2011
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    Yes, your son should consider retaining an attorney to represent him or requesting that the court appoint an attorney on his behalf. Your son is presumed innocent until proven guilty. The prosecutor would need to prove their case beyond a reasonable doubt. Your son needs specific legal advice for his particular circumstances. He should consult with an attorney privately if he needs specific legal advice. Speaking generally, most states have a version of a DUI, OWI, etc. charge, that may be brought against any driver who has any alcohol allegedly in their system if it impacted their ability to drive. The term "legal limit" is a bit of a misnomer. "Legal Limit," in most states, simply refers to minimum alleged blood alcohol level of a driver to be charged with a certain, specific type of DUI, OWI charge. Everyone's particular circumstances are different. State laws vary significantly from state to state. There may have been multiple tests with different possible results as well. However, ultimately, a person's alleged blood alcohol level is a question of fact for a jury or judge and the alleged test results should be closely scrutinized. An experienced criminal defense attorney should have the requisite expertise to potentially challenge those results and possibly suppress that evidence, depending on the factual circumstances. The consequences for a DUI, OWI, OUI conviction go far beyond any initial punishment by the court. In certain states, convictions for these types of offenses can stay on a person's record for years and they will subject to extensive license sanctions and higher costs. Yes, your son should consult with an attorney or request that the court appoint him an attorney at the public's expense.
    Answer Applies to: Michigan
    Replied: 6/20/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Yes, they can prove DUI by a test and driving over the legal limit and also by driving and impairment on the driving with one factor being intoxication. I have a trial on Monday where they have no test.
    Answer Applies to: Nebraska
    Replied: 6/20/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Yes, you do need a lawyer because such cases have, on occasion, been upheld by juries. The reason is because the reading is not the only determining factor. There is also a common law type of DWI where the police officer simply says "Hey, that guy is drunk!" and arrests him - regardless of what the breath alcohol reading is. While it is likely he will still be offered an Impaired, with such a low reading, the goal would be to obtain a Speeding ticket for him instead of any alcohol related conviction. Consult with a local experienced criminal defense lawyer.
    Answer Applies to: New York
    Replied: 6/20/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    You should absolutely retain our office to defend your son. The "legal limit" only means that of you blow above that limit you are legally intoxicated. However, the converse is not true, i.e.; if you blow below the limit it does not mean you are not intoxicated. DWI is a serious offense that has life long consequences. Call our office for a no obligation, free consultation.
    Answer Applies to: New York
    Replied: 6/20/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    He can be charged at that limit, but it is generally pretty difficult to get a conviction. He needs a lawyer. The easiest way to get convicted of DUI if you are below the limit it to try to handle the case yourself.
    Answer Applies to: Georgia
    Replied: 6/20/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You definitely should have a lawyer represent your son. Although he did not blow an >08, he was very close to the limit, and the prosecution will rely on the observations of the arresting officer, who is an "expert" in these types of cases. However, it is necessary for counsel to obtain and review the entire case report as prepared by the officer, and there may be evidence therein that will result in your son either being found not guilty after trial, or an outright dismissal of the charges by the prosecutor before trial, or a reduction of the charge from DUI to reckless driving. Get a lawyer for sure!
    Answer Applies to: Illinois
    Replied: 6/20/2011
    The Law Office of Rosanne Faul
    The Law Office of Rosanne Faul | Rosanne Faul
    Yes, you need a lawyer to fight the case. In California, there are two sections for dui: one is the .08 or above section and the other is "driving under the influence".
    Answer Applies to: California
    Replied: 6/20/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    Under PA law, even though he was below the legal limit, he can still be charged with DUI if the officer can show he was impaired. You will need a lawyer for a case like this. Call our office for help.
    Answer Applies to: Pennsylvania
    Replied: 6/20/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes. He can be charged. And yes, you do need a lawyer.
    Answer Applies to: New York
    Replied: 6/20/2011
    Law Offices of Marshall Tauber
    Law Offices of Marshall Tauber | Marshall Tauber
    Yes he needs a good & well seasoned defense attorney.
    Answer Applies to: Michigan
    Replied: 6/20/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    There are two levels of drunk driving in Colorado - DUI (which can be inferred if the alcohol test shows over .08) and DWAI which can be inferred if the alcohol test shows between .05 + .08. So to be "over the legal limit" in Colorado one only needs over .05.
    Answer Applies to: Colorado
    Replied: 6/17/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Yes, the BAC is only one kind of crime. If he was under the influence and driving poorly, he could still be convicted. An attorney is a must here.
    Answer Applies to: Michigan
    Replied: 6/17/2011
    Law Office of Thomas J. Ogas
    Law Office of Thomas J. Ogas | Thomas Ogas
    Good news: Thats a terrible case for the DA and a good case for your son. Bad news: Youre going to need to hire a lawyer.
    Answer Applies to: California
    Replied: 6/17/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    I find it curious that people would think that they can handle their own criminal cases. That would be like pulling your own teeth to save the money on a dentist. Your summary states that your 22 year old son had a BAC of .075 and was charged with a DUI. I am pretty sure he was charged with a DWI, 1192-2 and 1192-3, not Impaired driving which is a violation of 1192-1. Either way the police can arrest him with anything more that a .04. They can arrest him if he refuses the test. He is just under the legal limit of .08, but that is when he was at the police station, not the time he was driving. He will most likely be found guilty of 1192-1 which is the violation and lose his license for 90 days. You should retain a DWI lawyer to handle the case as he may be able to get it dismissed or win at trial. Whatever he charges it will be cheaper than the $10,000 a year the insurance company is going to charge him to drive his car when he gets his license back. Getting a DWI can hurt your chances of getting a good job and will be a conviction on his record forever. With all of that at stake how can you ever imagine that you might not need an attorney?
    Answer Applies to: New York
    Replied: 6/17/2011
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    I would recommend an attorney in a case like that. Your son may have issues with his drivers license as well as facing criminal prosecution. Hiring a knowledgeable attorney may be worth the investment.
    Answer Applies to: California
    Replied: 6/17/2011
    Law Office of Michael Brodsky
    Law Office of Michael Brodsky | Michael Brodsky
    Incredibly, you can be charged and convicted of a DUI with a BAC under .08 under what is known as the "affected by" prong. You should absolutely seek the advice and assistance of an attorney experienced in DUI defense.
    Answer Applies to: Washington
    Replied: 6/17/2011
    Bird & Van Dyke, Inc.
    Bird & Van Dyke, Inc. | Mary Ann Bird
    He can still be convicted of a violation of VC23152(a). And yes, he needs a lawyer to defend him against this charge.
    Answer Applies to: California
    Replied: 6/17/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    Definitely! Just because a BAC is below .08 does not mean that DUI charges cannot be filed. This is serious. Call me with any questions.
    Answer Applies to: California
    Replied: 6/17/2011
    Michael R. Nack, Attorney at Law
    Michael R. Nack, Attorney at Law | Michael R. Nack
    Yes. Anytime that someone is charged with a DUI or DWI, that person needs the very best criminal defense attorney he can afford. If your son's case is within a jurisdiction where I practice I might be babe to offer my services.
    Answer Applies to: Missouri
    Replied: 6/17/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    If your son was charged with the DUI you should absolutely hire an attorney. There is no process by which he can simply discuss this with a judge or district attorney and have the charge dismissed. Once charged, it will either be tried or disposed of through plea bargain, neither of which should be done without legal counsel. In Massachusetts there are two theories that the state can proceed under to prosecute a DUI (Driving While Intoxicated) or OUI (Operating Under the Influence). These are two different names for the same offense. Under one theory, if he is .08% blood alcohol or greater he is presumed Guilty without any need for other evidence of intoxication. Under the 2nd theory the state must prove that his ability to operate a vehicle safely was "impaired" by the consumption of alcohol (or drugs). A reading of anything over .05%, while not proof of the element itself, can be used as evidence of alcohol in his system. The prosecution can then try to use other evidence, such as observed erratic operation, field sobriety tests, odor of alcohol on his person or breath, bloodshot and/or glassy eyes, slurred speech etc. to prove that his ability to drive was impaired. In your son's case, the state appears to be trying to prove their case through the circumstantial evidence standard. A good Criminal Defense attorney, through cross examination, will be able to bring to light the weaknesses in the state's case. However, the only way to do this is through trial. Your son is lucky to have caring parents that are willing to assist him with this charge. Without legal assistance he could end up with an OUI/DUI conviction that would remain on his record for life. At 22, he has a long future in front of him. If he were ever to be charged with a 2nd offense DUI/OUI, even many years from now, he could be looking at jail time and a minimum of 2 years loss of license. If you would like to discuss this in more detail feel free to call my office. There is no fee for the telephone consultation. My telephone number, private email address and website are all listed here.
    Answer Applies to: Massachusetts
    Replied: 6/17/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    A person can be charged with DWI if their blood alcohol level was below the legal limit IF probable cause exists to believe that the driving conduct was impaired by the alcohol consumption. As a general rule, it is a difficult case for a prosecutor to prove. If charged, you should hire experienced legal counsel.
    Answer Applies to: Minnesota
    Replied: 6/17/2011
    Law Office of Thomas A. Medford, Jr., PC
    Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
    Based on the facts as you have presented them I believe that you will need an attorney experienced in the defense of persons charged with DWI and DUI to help you defend against these charges.
    Answer Applies to: District of Columbia
    Replied: 6/17/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Your son can be convicted of DUI even though he blew a .075. There is a rebutable presumption that you are under the influence if your blood alcohol level is .05 or higher. You have a much greater chance for a good outcome with an attorney.
    Answer Applies to: Alabama
    Replied: 6/17/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    The breath test results measure the amount of alcohol in the lungs at the time the test is taken. It does not measure the amount of alcohol in the lungs at the time of driving. Depending on the facts and the information available to law enforcement, they may be able to prove that he would have been over the legal limit at the time of driving. Moreover, just because someone blows under the legal limit does not mean that they were not intoxicated. A couple of issues - the person could have also had drugs in their system which, combined with the alcohol, made the intoxicated. And, there are MANY law enforcement "experts" who will testify that a person is impaired - intoxicated - at .03 and higher. Therefore if your son was that close to the presumptive legal limit, it is certainly arguable that he was intoxicated. Now, a prosecutor facing a trial may dismiss the case for a couple of reasons including that it is kind of understood that if you pass the breath test and you don't have drugs in your system, you don't get prosecuted for DWI. And, the prosecutor may feel that s/he will have a hard time securing a conviction (and that may well be true.) You definitely need to hire a lawyer. And, your son needs to quit drinking and driving.
    Answer Applies to: Texas
    Replied: 6/17/2011
    West law Office
    West law Office | Russell West
    It is still possible to be charged with a DUI even if your BAC is below .08 if there was erratic driving and erratic behavior. You don't have to hire an attorney but I would recommend it. An attorney can review the police report and see if there was probable cause for arrest and see if the police did everything correctly.
    Answer Applies to: Washington
    Replied: 6/17/2011
    Van Ness Law Group
    Van Ness Law Group | Varinia Van Ness
    It would surely help you. The State can still prosecute because they can also argue he was impairs It doesnt have to be just over the legal limit. You are better off with a lawyer to insure the best results.
    Answer Applies to: Florida
    Replied: 6/17/2011
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    The prosecutor can charge but the question is whether it can be proved beyond a reasonable doubt. It is not uncommon for such a case to result in a dismissal.
    Answer Applies to: Michigan
    Replied: 6/17/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    YES you need to get a lawyer to fight his case. If you have further questions on how to successfully pursue his case call for representation with over 30 years of experience.
    Answer Applies to: Michigan
    Replied: 6/17/2011
    Mercado & Hartung
    Mercado & Hartung | Stephanie Hartung
    In Washington State a person can be charged with DUI even their breath test is under the legal limit. If a person is affected by the alcohol they drank that is enough to substantiate a DUI charge. It is harder to prove a person is DUI when the breath test is under the legal limit, therefore it is more likely to have the case reduced than when a person provides a higher breath test. Fortunately, the Department of Licensing will not suspend your son's license administratively as is the process when a person's breath test exceeds .08. A DUI can attorney can absolutely help your son in this situation. Most of us offer free consultations so you can at the very least sit down and discuss your son's case specifically with someone trained to defend these cases daily. Please feel free to give me a call if you would like more information.
    Answer Applies to: Washington
    Replied: 6/17/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    There are multiple ways the state can charge someone with alcohol and driving offenses. Having some level, sometimes any, amount of alcohol in your system, while underage and driving, can be a criminal offense that not only may affect the criminal record and good name of the your adult involved, but also involve fines, jail time and unwelcome affects on his driver's license. Additionally, the state can charge that he was impaired even though his BrAC was below the legal limit and in some cases the legal limit might be different for persons under 21. DUI is considered a serious charge with significant consequences. You should seriously consider hiring an attorney.
    Answer Applies to: Hawaii
    Replied: 6/17/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Yes your son can get arrested for DUI, despite the fact that the BAC reads.075. The real question is what directed the police officer's attention to your son. Was it erratic driving? If it was erratic driving, it doesn't matter if your son blew .03. Whether you need an attorney can only be answered by asking the question are you a gambler. Although I am an attorney, I always hire an attorney when I purchase real estate, because I am not a gambler. SO, yes, I believe that you need an attorney. See my website for further info.
    Answer Applies to: Georgia
    Replied: 6/17/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    I suppose that technically it is under the limit of .08 but it could round up? Margin of error? Depending on how long afterwards the Data Master was administered, they could argue that during that time his BAC went down and was actually at .08 when he was pulled over or while he was driving the vehicle. In any event, this is very close and you definately need to have an experienced DUI attorney review the police report and chemical test results, especially since it is right on the line like that. He may be able to spot something that could get the charges reduced or dismissed. The cost you will spend on an attorney will more than pay for himself in terms of what he can save you.
    Answer Applies to: Michigan
    Replied: 6/17/2011
    Law Office of Kyle T. Green, PLLC
    Law Office of Kyle T. Green, PLLC | Kyle T. Green
    He can still be charged with a DUI under the theory that he was "impaired to the slightest degree". Depending on the court, he could be facing the same penalties as a regular DUI charge. I highly recommend getting an attorney to help with your son's case.
    Answer Applies to: Arizona
    Replied: 6/17/2011
    Collins Law Firm, P.A.
    Collins Law Firm, P.A. | John C. Collins
    Yes. Get a DWI attorney. They may try to use what is called retrograde extrapolation to show your son had a higher blood alcohol at the time he was driving. Most people accept that alcohol level drop over time but a truly qualified DWI attorney can explain why retrograde extrapolation is only applicable in a very few circumstances. Get an attorney. If they can't explain retrograde extrapolation keep looking.
    Answer Applies to: Arkansas
    Replied: 6/17/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Of course he does. They will charge him with VC 23152(a), which does not require any specific BAC. Your son probably has a court date already. Contact a DUI specialist, as he has a very defensible case.
    Answer Applies to: California
    Replied: 6/17/2011
    Fitzpatrick, Mariano, & Santos, PC
    Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
    Although the test result was below the legal limit the court can still pursue dwi charges. The test results can be extrapolated (a math formula to determine the bac at an earlier point in time). The prosecutor can then use this bad to establish the dwi.
    Answer Applies to: Connecticut
    Replied: 6/17/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    We have been helping people accused of DUI for over 30 years. The DUI normally charges CVC 23152a and CVC 23152b, but in your case they can only charge the "a" count. It is a very good idea for you to retain a lawyer to help your daughter so the lawyer can do all they can to try to have the charges dismissed or reduced to moving violations. A DUI is more than just he blood alcohol level. The DA looks at the "driving" as well as the field sobriety test and the blood alcohol result. We would need to know how your daughter did on the field sobriety test and what the officer said he observed as to her driving. I hope this helps.
    Answer Applies to: California
    Replied: 6/17/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    If he was arrested in Washington State, an attorney should be able to obtain a better result than your son would likely obtain acting on his own. Where was he arrested?
    Answer Applies to: Washington
    Replied: 6/17/2011
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