Is the result of my breath analyzer a ground for dismissal? 15 Answers as of April 23, 2013

In July of 2012, I was arrested for driving while intoxicated. I registered a .07 when I was given a breath analyzer test. Is the result of my breath analyzer a ground for dismissal?

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

Free Case Evaluation by a Local Lawyer: Click here
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
No, especially if your driving was poor, and your eyes were bloodshot and you had trouble with the field sobriety evaluations.
Answer Applies to: Georgia
Replied: 4/23/2013
Law Offices of Laurie A. Schmidt, P.C. | Laurie Schmidt
It is not grounds for a dismissal- it does create reasonable doubt as to if you were driving under the influence and could result in an acquittal at trial. You will want a skilled and competent DUI attorney to defend the DUI for your- don't try and go it alone!
Answer Applies to: Colorado
Replied: 4/19/2013
Universal Law Group, Inc. | Francis John Cowhig
Not necessarily. You can still be convicted of a DUI, even if your blood alcohol level is below .08.
Answer Applies to: California
Replied: 4/18/2013
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
No, it is not a ground of dismissal, but a factor in your defense to the charge. Other evidence can be used to prove your intoxication, such as odor of alcohol, erratic driving, speech, balance and walking and condition of the eyes at the time.
Answer Applies to: Illinois
Replied: 4/19/2013
The Law Office of M Grater LLC
The Law Office of M Grater LLC | Mark O. Grater
Assuming you did not appear blind drunk from a physical perspective I would think it would be dismissed.
Answer Applies to: Connecticut
Replied: 4/18/2013
    Law Office of Alexis Plunkett
    Law Office of Alexis Plunkett | Alexis Plunkett
    Your case will not be automatically dismissed just because you blew under the legal limit (assuming you are over 21)you can still be "impaired" and you can still be convicted of a DUI.
    Answer Applies to: Nevada
    Replied: 4/18/2013
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    In MN you can be convicted of a DUI when your test is under .08 but it is difficult. You should contact an attorney asap to assist you in defending this charge.
    Answer Applies to: Minnesota
    Replied: 4/18/2013
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    No. The DUI statute reads: Having a breath reading of .08 or above, OR whose driving has been affected to an appreciable degree by the consumption of alcohol and/or drugs. You could still be charged and convicted even if your breath reading is under .08, if your operation of the vehicle has been affected to an appreciable degree.
    Answer Applies to: Washington
    Replied: 4/18/2013
    Law Office of John G. Galasso | John George Galasso
    It can be used in your favor in court; However the prosecutor might argue that other things such as the field sobriety tests show impairment
    Answer Applies to: Ohio
    Replied: 4/18/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    That would depend on how good your lawyer is. Remember, VC 23152(a) isn't BAC-specific, so you can be convicted even with a 0.07. Do yourself a favor and hire a DUI specialist.
    Answer Applies to: California
    Replied: 4/18/2013
    Steven Dodge | Steven Dodge
    No. In Michigan, it is evidence of operating while visibly impaired. Although that charge is less serious than an OWI, it is still a drunk driving offense.
    Answer Applies to: Michigan
    Replied: 4/18/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It will be part of your defense, engage an attorney.
    Answer Applies to: Michigan
    Replied: 4/18/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    It may be. It depends on how the statute is written. In some States if they can prove the alcohol impaired you then they just have to shoe that you had some alcohol in your system and the amount is not as relevant.
    Answer Applies to: Michigan
    Replied: 4/18/2013
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    Yes, it could be. It depends on your judge and prosecutor, but if they insist on going forward, plead not guilty and fight the charge.
    Answer Applies to: Utah
    Replied: 4/18/2013
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    No, this issue is intoxication while driving. You do avoid the presumption at .08 BAC, but it will up to the Judge based on all the circumstances.
    Answer Applies to: Virginia
    Replied: 4/18/2013
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney

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!