Why was blowing a .01 considered a DUI? 2 Answers as of June 09, 2011

Me and a friend left a party to get away from a fight, the friend's girlfriend called the police. When the police got to the house they called me on my cell and threatened to take my son into custody, saying I had abandoned him, but he was there with his step dad. Worried about my son I was racing to get back to him, and lost control of the car and hit a house. When they took me to jail, they gave me a breathalyzer test, in which I blew a .01. I thought the legal limit was .04, and if so then why was I given a DUI and made to attend DUI classes? My license was also suspended, and I had to pay a fine.

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
If I had to guess, which from your limited facts, I do, I'd guess that you pled guilty when you should have tried the case. Don't plead guilty when you are not guilty. Stay well.
Answer Applies to: Alabama
Replied: 6/9/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
The legal limit in the State of Alabama is .08. The offense of driving under the influence does not always involve a reading of your blood alcohol level. It can be based on the arresting officer's opinion of whether you were too intoxicated to safely operate a motor vehicle. Any conviction of a DUI is an automatic suspension of your driving license.
Answer Applies to: Alabama
Replied: 6/8/2011
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