Do I have a good case against in a borderline DWI? How? 9 Answers as of June 08, 2015

It was 8 hours after I had stopped drinking for the night. I was driving home. I was pulled over for going 10 MPH over the legal speed limit. I was not drunk. I was hung over but not drunk. I weigh 210 pounds and had a .08 blood alcohol content. Do they usually charge people under these circumstances? Do I have a case?

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Law Office of Robert E McCall | Robert McCall
It depends on your local Prosecutor and how politically active MADD is in your area. My area the case would be filed, if you could not be scared into a guilty plea the case would be dropped on the morning of trial. The Judge is not involved in the process.
Answer Applies to: Florida
Replied: 6/8/2015
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
YOU have a case of DUI. .08 is impaired per se, and you blew a .08. Hung over is drunk in the judge and prosecutor's eyes.
Answer Applies to: Georgia
Replied: 6/8/2015
Gates' Law, PLLC | Thomas E. Gates
You have no winnable case. You were at the maximum limit possible.
Answer Applies to: Washington
Replied: 6/5/2015
Walpole Law | Robert J. Walpole
Many people have a misconception about alcohol intoxication. Although you had not drunk an alcoholic drink in 8 hours, your blood-alcohol content was at the level where you can be charge with DUI. Sorry your fact situation does not give you a legal defense. You will probably qualify for a reduced plea bargain. Good luck.
Answer Applies to: Oklahoma
Replied: 6/5/2015
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
It is certainly possible. You need to bring a motion before the court that sentenced you.
Answer Applies to: Washington
Replied: 6/5/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    In Wisconsin, at least, there is no such thing as a 'borderline' BAC. They do charge people with a .08% blood alcohol content, and even with a lesser percentage, if they can show impaired driving. In any event, if you stopped drinking 8 hours before the stop, and you weigh 210 lb., the charts will show that you drank up a storm. You might want to contact an experienced defense lawyer, but he or she is very likely to agree with me that you should make the best deal you can and be sure not to repeat the mistake. Drinking is okay; it's the driving that causes the problem. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 6/5/2015
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    They will absolutely charge you with a DUI under these circumstances. The standard is not "drunk," although it is called "drunk driving." It is a violation to be driving with a blood alcohol of .08 or greater - whether you claim to feel the effects of the alcohol or not. But there are defenses that a good criminal defense attorney can develop, and the case can sometimes be pled down to a wet reckless driving. Don't forget that DMV can suspend your license regardless of what happens in court. You only have 10 days to request a DMV hearing or you will lose your license for 6 months even if you have defenses, so don't delay in getting a good criminal defense attorney.
    Answer Applies to: California
    Replied: 6/5/2015
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You have a great case. But first things first. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
    Answer Applies to: California
    Replied: 6/5/2015
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    Yes, they always charge people under these circumstances. You need to retain an attorney to defend you in court.
    Answer Applies to: Illinois
    Replied: 6/5/2015
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