QUESTION
Can I be convicted of DUI if I blow over the legal limit on a PBT, but then under the legal limit at the station?
Asked on Mar 25th, 2014 on DUI/DWI - Michigan
More details to this question:
I just received my first DUI citation. I was pulled over for stopping on the road as far off the road and on the shoulder as I could but still was in the road a bit picking up a musical instrument that fell out of the car. There were no vehicles around until the officer approached. It was very late. I took field sobriety tests which I feel I passed and blew .093 on the PBT. I was taken to the station and blew a .075 and later released under OR. My question is, can I still get convicted for blowing a .075 under the limit at the station?
4 ANSWERS
You can, under VC 23152(a), which is not BAC-specific. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Mar 27th, 2014 at 10:20 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Yes you can because testimony would support that your blood alcohol level would have decreased from the time you were driving, arrested, and then taken to the station to be given the test. However, you are right on the line and there may be problems or deficiencies with either the initial police contact or the administration of the breath test that could get the charges against you reduced or dismissed. Only someone with experience and a trained eye will know what to look for. Consult with an experienced DUI attorney in your area right away.
Answered on Mar 26th, 2014 at 2:49 PM
Michael J. Breczinski
They could make the argument that the alcohol level was higher when you were driving and that it was going down. Get a lawyer.
Answered on Mar 26th, 2014 at 2:47 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, get an attorney now, you have defenses and bargaining power.
Answered on Mar 26th, 2014 at 8:38 AM