QUESTION

What happens if I blew a .06 on my breath test?

Asked on Jan 07th, 2012 on Criminal Law - Michigan
More details to this question:
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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6 ANSWERS

Jacob P. Sartz
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.
Answered on Feb 06th, 2012 at 12:08 PM

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Michael J. Breczinski
The limit is .08 for OWI but there is no lower limit for impaired. You need an attorney.
Answered on Jan 24th, 2012 at 12:28 PM

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Appellate Practice Attorney serving Clinton Township, MI at Thomas J. Tomko, Attorney at Law
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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.
Answered on Jan 23rd, 2012 at 10:18 AM

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Criminal Defense Attorney serving Southfield, MI
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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.
Answered on Jan 23rd, 2012 at 8:32 AM

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Appellate Practice Attorney serving Bloomfield Hills, MI at Law Office of William L. Spern
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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.
Answered on Jan 20th, 2012 at 3:43 PM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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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.
Answered on Jan 20th, 2012 at 3:04 PM

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