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