If I had blood drawn and the results read .08 alcohol in my system, was I legally intoxicated? 11 Answers as of April 18, 2014

I also blew the night I was arrested and they didn't tell me if I passed or failed. I just want to know if the state has a case or if I should have been arrested that night.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Not "or" The state has a case and you should have been arrested that night.
Answer Applies to: Georgia
Replied: 4/18/2014
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
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: 4/16/2014
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 presented them and my understanding of the law in the District of Columbia you could be considered under the influence.
Answer Applies to: District of Columbia
Replied: 4/16/2014
Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
A blood alcohol level of 0.08% or more is a violation of the DUI statute regardless of whether the person is intoxicated. The "blood draw" you had done on your own is not evidence against you. It is, however, a good indicator that the sample you provided to the police will also produce a result of 0.08% or more. It is their test result that will be used to determine whether you will be charged.
Answer Applies to: Minnesota
Replied: 4/16/2014
Michael Breczinski
Michael Breczinski | Michael Breczinski
.08 is the lower limit to get a DUI charge in most States, so yes you were intoxicated. Get a lawyer.
Answer Applies to: Michigan
Replied: 4/16/2014
    Hudson Bair | Hudson Bair
    These are questions you need to discuss with a lawyer who has expertise in DUI defense, the answers will vary depending on many other factors. The State may not have been lawfully able to arrest you.
    Answer Applies to: California
    Replied: 4/16/2014
    Universal Law Group, Inc. | Francis John Cowhig
    A blood alcohol level of .08 or above raises the presumption that you were intoxicated. However, with a good attorney, you may be able to plead down to a wet reckless charge.
    Answer Applies to: California
    Replied: 4/16/2014
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Yes, you're at the limit.
    Answer Applies to: Nevada
    Replied: 4/15/2014
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Yes, you were intoxicated. The statute reads ".08 or above", not "above .08". In addition, you could be under a .08 and still be charged if your "operation of the vehicle was affected to an appreciable degree due to the consumption of alcohol and or drugs". Yes, the arrest was proper and state has a case.
    Answer Applies to: Washington
    Replied: 4/15/2014
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    That may be enough to arrest, but alone it's not enough to tell whether you were either intoxicated or .08% at the time of driving which is what the state needs to show. Problems with blood tests are their machines aren't accurate and the blood sits out unrefrigerated for days before its tested. This can cause fermentation. Fermentation increases the alcohol in the blood when tested.    
    Answer Applies to: California
    Replied: 4/15/2014
    Connell-Savela
    Connell-Savela | Jason Savela
    In Colorado, DUI starts at 0.08 BAC. But, there is a lesser included charge of DWAI from 0.05-0.079. You may suffer DMV drivers license consequences if BAC is 0.08 or above. In response to your DUI Post: I am a criminal defense attorney with more than 15 years experience on DUI cases. Some important information: If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form.
    Answer Applies to: Colorado
    Replied: 4/15/2014
Click to View More Answers:

Need more information on drunk driving law? Visit our free DUI resource page to learn more.

If you need immediate assistance, fill out a free case evaluation form to connect with a DUI lawyer in your area today!