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?
| 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
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
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
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
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
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
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
| 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
| 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
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
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
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!