Can they arrest me for DUI if I was under the limit? 3 Answers as of September 16, 2010

I was arrested at a DUI checkpoint last weekend in California. I only had a few drinks. The officer made me take the breathalyzer test and I was under the legal limit and was arrested. This does not sound legal to me. Do I need a lawyer to fight this?

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
23152. (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. (b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle As you can see you can be charged under 23152 (a) without being over the limit. Contact me with your facts for defenses to your case.
Answer Applies to: California
Replied: 9/16/2010
Alanna D. Coopersmith, Attorney at Law
Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
I have occasionally seen people who are under the legal limit and arrested for DUI. The reason is that a DUI is driving with a blood alcohol level of .08 or higher - or - driving under the influence of alcohol or drugs. The theory of the police in your case is that you were driving under the influence of drugs. Particularly since you were stopped at a checkpoint and so there is no bad driving, you should definitely hire a lawyer.
Answer Applies to: California
Replied: 9/15/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Yes, and yes. Under the influence is a subjective decision by the officer, regardless of BA level. It is up to him to testify about your inability to drive. If serious about hiring counsel, feel free to contact me. Keep in mind: When you are arrested for DUI, upon release from jail or booking, you will be given documents that include a notice from DMV that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic one-year suspension of your license. Contact DMV and do so, timely. You can hire an attorney for that hearing if you want.
Answer Applies to: California
Replied: 9/15/2010
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