What am I facing after being arrested for DUI with .03 BA? 39 Answers as of September 05, 2012

I was in an accident where I had to swerve to avoid an animal. The roads were wet from rain.

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Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
You may beat the charge because you're not over the limit.
Answer Applies to: New York
Replied: 9/5/2012
Law Offices of Eric J. Bell | Eric J. Bell
You can still be charged with DUI if you blow under .08. You should also fight this case. If you're under 21 you can also face some other charges / penalties.
Answer Applies to: Illinois
Replied: 9/5/2012
Law & Mediation Office of Jeffrey L. Pollock, Esq.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
Since you were below .08%, unless they can otherwise prove you were Under the Influence and incapable of safe driving, you are not guilty unless you were under age 21.
Answer Applies to: Pennsylvania
Replied: 9/5/2012
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
At a 0.03, you well within the legal limit operate a motor vehicle. The legal limit is 0.08. You should enter a not guilty plea and seek the advise of an attorney. If you cannot afford an attorney ask the court to appoint one for you.
Answer Applies to: Michigan
Replied: 9/5/2012
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
If you blew a .03 you should not have been charged with DUI (in MA the actual charge is OUI) unless you are under 21 and therefore unable to drink any quantity of alcohol legally. If you are 21 or over, you should not have been charged with OUI alcohol. You should speak to an attorney. There is something wrong or something missing in your information.
Answer Applies to: Massachusetts
Replied: 9/5/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    This depends upon how many prior DUIs you have. A first or second is a misdemeanor, when you get to the third or subsequent, they are all felonies.
    Answer Applies to: Kansas
    Replied: 9/5/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Odds are you won't be facing anything except at worst a ticket for unsafe speed. You are well below the "legal limit", so the DMV won't take away your license unless you're convicted of DUI. At this blood alcohol level, it's very unlikely that the DA will file charges against you unless there is something you've left out.
    Answer Applies to: California
    Replied: 9/5/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    You have a pretty good defense that you were safe to drive. If the prosecutor won't drop the charges, then hire an attorney to defend you at trial.
    Answer Applies to: Utah
    Replied: 9/5/2012
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    You need a good DUI lawyer. A .03 is at the very bottom edge of the scale in Georgia (unless you are a commercial drivber or under 21).
    Answer Applies to: Georgia
    Replied: 9/5/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    The BAC is very low and you should be able to resolve this case without conviction. The BAC is only one factor that the court considers in a trial for DUI. If you were charged with having .08 or more BAC the prosecutor would not be able to prove their case. However, it is the officer's opinion that you were too intoxicated to safely operate a motor vehicle on the public streets that carries the day for the prosecutor on a driving under the influence case, not the BAC.
    Answer Applies to: Alabama
    Replied: 9/5/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    .03 or .3? Most places do not charge at .03.
    Answer Applies to: Michigan
    Replied: 9/5/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    Get representation, that is a super low reading.
    Answer Applies to: Minnesota
    Replied: 9/5/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Prosecution on the crime. Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. With a low BA, assuming no other drug allegations, your attorney may be able to deal with it better than most. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
    Answer Applies to: California
    Replied: 9/5/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Your BAC is very low so you may not be facing a DUI. Need to know your age and passed history.
    Answer Applies to: Nebraska
    Replied: 9/5/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You should retain a good criminal lawyer or call my office for a consultation. The police can charge you with DWAI if you blew over .02 BAC and that will be an estimate of how impaired you were at the time you were operating the vehicle. you will have to go to trial and with an accident you will need an expert witness or even two in order to properly defend the case and show that the accident was not your fault or the result of the alcohol. You may need just a medical expert to testify that you were not impaired to any degree with a .03 and that it was probably lower at the time you were driving. If you are convicted it will mean a 90 day suspension, a $500 fine, Drinking Driver School, Victim Impact Class, and your insurance may rise dramatically.
    Answer Applies to: New York
    Replied: 9/5/2012
    John C. Schleiffarth, P.C. | John C. Schleiffarth
    The state likely has a weak case against you based on a BAC of .03. That is well below the legal limit. There may be other factors at play as well. I suggest you call my office to arrange for a free consultation. I do not suggest going it alone unrepresented.
    Answer Applies to: Missouri
    Replied: 9/5/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    The threshold BAC in most states is now 0.08. If your BAC was in fact 0.03, it is highly unlikely that you would be charged with DUI. If you are charged based upon that test result, and if you were not subject to any testing to determine the presence of controlled substance in your blood, you have a very good case.
    Answer Applies to: Minnesota
    Replied: 9/5/2012
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    At 0.04 BAC or below you have a presumption of not being impaired. I would hire an attorney and challenge such a charge.
    Answer Applies to: California
    Replied: 9/4/2012
    Universal Law Group, Inc. | Francis John Cowhig
    Theoretically, you can still be charged with a DUI, even though your blood alcohol level was below the .08 standard, because of the accident. I suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options.
    Answer Applies to: California
    Replied: 9/4/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    You don't say how old you are. If you are under 21 or have a CDL, the BAC presumptive level is .02. If you are over 21,, then the presumptive level is .08. HOWEVER, you can still be convicted of a DUI, even with a low breath test, IF your driving has been "affected to an appreciable degree". You need to hire an attorney. A conviction will result in jail time, fines alcohol counseling and treatment, loss of license, higher insurance rates, etc.
    Answer Applies to: Washington
    Replied: 9/4/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    As long as you are 21 or older and not hold a CDL and there were not drugs found in your blood and you took a test, that DUI should be dismissed i just had a 0.049 dismissed this morning for a client In response to your DUI Questions: I am a criminal defense attorney that focuses on DUI cases. If you would like to discuss your case, please contact me. 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. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
    Answer Applies to: Colorado
    Replied: 9/4/2012
    Pingelton Law Firm | Dan Pingelton
    The State does this sometimes in hopes of a plea. Don't do it. Get a lawyer.
    Answer Applies to: Missouri
    Replied: 9/4/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    If your over 21 and there is no indication of any other substance involved, you are probably going to be ok. You will still need a lawyer to present your defense to the court.
    Answer Applies to: Missouri
    Replied: 9/4/2012
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    It all depends on what the Police report says - there are 2-ways to convict someone of a DUI, #1 a reading of .08 or higher and #2 the physicals of the person at the time of the arrest. I strongly suggest you consult an attorney
    Answer Applies to: New Jersey
    Replied: 8/30/2012
    Fabian & Associates, Inc.
    Fabian & Associates, Inc. | Stephen G. Fabian, Jr.
    Probably nothing, unless you are under 21, then it would be up to $100-$500 fine plus court costs and 20 hrs. of community Service
    Answer Applies to: Oklahoma
    Replied: 8/30/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    If the alcohol level was really '.03' you would be presumed NOT to be DWAI or DUI and the charge should be dismissed.
    Answer Applies to: Colorado
    Replied: 8/30/2012
    Law Office of James J. Rosenberger | James Joseph Rosenberger
    I'd be awfully surprised if you were charged with DUI. Depending on the evidence you might be charged with Negligent Driving, first or second degree by virtue of the presence of alcohol.
    Answer Applies to: Washington
    Replied: 8/30/2012
    Law Office of William L Spern | William Spern
    There is no crime of driving with a 0.03 BAL. Sure it wasn't 0.3 BAL?
    Answer Applies to: Michigan
    Replied: 8/30/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Sounds like a very defensible case. .03 is well below the legal limit and you have bad driving and weather to explain non alcohol reasons for your accident. I have handled similar cases very successfully.
    Answer Applies to: Michigan
    Replied: 8/30/2012
    Rhoades & Miller, LLP
    Rhoades & Miller, LLP | M. Jason Rhoades
    It depends. How old are you? In either event, you need to get an attorney ASAP who can evaluate all the circumstances. You are technically looking at up to a year in jail, mandatory license suspension, and a whole lot of other crap.
    Answer Applies to: Georgia
    Replied: 8/30/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You would have a very good defense. It would be difficult for the prosecution to prove that your driving conduct was affected by the consumption of alcohol with a BAC that low. You should retain experienced legal counsel.
    Answer Applies to: Minnesota
    Replied: 8/30/2012
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    If .03, probably charges dropped or reduced unless someone was hurt. If .30, DUI.
    Answer Applies to: California
    Replied: 8/30/2012
    Law Office of Bernal Peter Ojeda | Bernal Peter Ojeda
    probably a wet reckless charge. it's still a misdemeanor
    Answer Applies to: California
    Replied: 8/30/2012
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