What happens if I blew a .06 on my breath test? 6 Answers as of February 06, 2012

I was just pulled over the other day in Jackson, Michigan. The officer saw me pull out of a club and came speeding behind me. He followed me for about a mile and half before pulling me other. On the ticket it says that I blew a .088 but after 15 minutes at the station I blew a .06 and the state officer was really mad about it. Please help and I have no job right now and need help. I need to know the limit for DUI and what can happen.

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
If you need specific legal advice regarding a pending criminal charge, I'd recommend you privately consult with an attorney. If you cannot afford an attorney, the court may appoint you one payable at the public's expense as long as you meet the eligibility requirements. Speaking generally, there is no actual "legal limit" to driving while under the influence of alcohol. The term "legal limit" usually just differentiates between different potential misdemeanor charges and is traditionally the minimum level before a person is charged with a severe offense, operating while intoxicated. Even though a person's alleged blood alcohol limit is below a .08, they still may be charged with several potential misdemeanor charges. These charges include Operating while Impaired, which is a lesser-included offense for driving while intoxicated. A person may be charged with this offense if they have any traceable alcohol in their system and if that level of alcohol impaired their driving. Further, a person could also be charged with Reckless Driving, regardless of whether alcohol was allegedly involved. Anyone charged with a moving violation should strongly consider retaining a lawyer to assist them. They need to know their rights.
Answer Applies to: Michigan
Replied: 2/6/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
The limit is .08 for OWI but there is no lower limit for impaired. You need an attorney.
Answer Applies to: Michigan
Replied: 1/24/2012
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
The test at the side of the road is a "PBT." It is not admissible at Court as evidence of intoxication. The test at the station is the "Evidential Breathalyzer Test." It is the one which is admissible at Court. Since the result is be.08, three is no clear evidence that you are intoxicated. However, the prosecutor could use other evidence to establish impaired driving or driving while intoxicated. This could include your admissions about drinking, the smell of alcohol, any open intoxicants, field sobriety tests, observations of your driving, and other things. You should consider hiring an attorney who will review your case and have a trial if necessary. Many attorneys will take a case anticipating a plea. However, in your case, more is needed, and you should get the appropriate attorney who will work to see whether a conviction of a drinking offense can be avoided.
Answer Applies to: Michigan
Replied: 1/23/2012
Lewis & Dickstein, P.L.L.C.
Lewis & Dickstein, P.L.L.C. | Loren Dickstein
You will ask for a court appointed attorney. Even a mediocre lawyer should be able to beat that case. www.notafraidtowin.com. The test on the side of the road is not admissible in court so the prosecutor is only going to be able to work with the .06.
Answer Applies to: Michigan
Replied: 1/23/2012
Law Office of William L Spern | William Spern
PBT are not evidence of dui. The MI std is .08 of driving intoxicated and .04 for driving while impaired. The ticket is defective and should be thrown out or amended to reflect the .06.
Answer Applies to: Michigan
Replied: 1/20/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    You can still be charged and convicted, usually if there is bad driving. I'm representing a client in your boat right now. Use a court appointed attorney if you cannot afford a private one.
    Answer Applies to: Michigan
    Replied: 1/20/2012
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