QUESTION
Can I get a first time DUI dismissed if I blew a .06?
Asked on Jun 10th, 2013 on DUI/DWI - Illinois
More details to this question:
I was dropping a friend off who had too much to drink and got pulled over because my license plate light was out. And then was asked if I had anything to drink and I told the officer that I had one beer. So he asked me to step out of my car and asked me to do a few test I told the officer that I have an issuer with balancing dew to my feet. And so I failed the sobriety test. Then I was taken to jail where he did a breathalyzer test, which came out to .06 I didn’t burp or vomited during the time period. I went in 6/02/2013 and got out at 6/3/2013 is there any way to get this dismissed.
11 ANSWERS
Michael J. Breczinski
You can fight it since it is less than .07.
Answered on Jun 13th, 2013 at 3:54 PM
Yes, but you should hire a DUI specialist to assist you, and do it soon because you have only 10 days from the citation to save your license.
Answered on Jun 11th, 2013 at 10:05 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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They may not dismiss and they make you do it the hard way although you have great facts.
Answered on Jun 11th, 2013 at 10:04 PM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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Very possibly. You need to hire an atty.
Answered on Jun 11th, 2013 at 10:04 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Probably not. The .08 is just one prong of the DUI statute. If you are .08 or above then you are guilty of DUI regardless of how you perform on the sobriety test or how impaired (or lack thereof) your driving is. The DUI statute reads ".... having a breath test of .08 or above OR whose driving is affected to an appreciable degree due to the consumption of alcohol and/or drugs". As such, you can still be guilty of DUI if your breath test is under a .08. Additionally, you don't say how old you are. If you are under 21 then the .08 standard does not apply. Any level of alcohol reading is sufficient, because it is illegal to consume alcohol if you are under 21.
Answered on Jun 11th, 2013 at 10:04 PM
Criminal Defense Attorney serving Golden Valley, MN
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Steele Law Offices
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As you are probably aware the legal limit in Minnesota is .08. Assuming the test was taken within a reasonable amount of time from the time you where driving, there is little chance they can prove you were over .08 at the time you were driving. The state may proceed to try to prove that you showed signs of impairment which make the .08 issue moot. They can obtain a conviction if they can prove "beyond a reasonable doubt" that alcohol affected your ability to safely operate the vehicle. This high burden of proof on the state will make a conviction very difficult to obtain, especially if you notified police about your balance issues at the scene. I would absolutely not plead guilty to anything.
Answered on Jun 11th, 2013 at 10:04 PM
Depending on the jurisdiction in Colorado, you may or may not be able to get this dismissed, absent a jury trial. It will depend on the totality of the people's evidence. I would recommend contacting a DUI attorney in your area.
Answered on Jun 11th, 2013 at 10:03 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You may be able to get the charge dismissed. You blew relatively low on the breathalyzer. If you performed well on the tests, you have a better chance of getting the DWI dismissed. You will need an attorney to represent you.
Answered on Jun 11th, 2013 at 11:17 AM
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Unlikely they will dismiss, but this is a good case for a reckless driving offer there are ways to attack that result - both in that it was not accurate and that you did not exhibit any signs of impairment in your ability to drive (trial issues)
Answered on Jun 11th, 2013 at 11:17 AM
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Yes, there is a good chance of having the charge dismissed. You were below the legal limit. Assuming you are legal to drink (if you're over 21), then you should plead not guilty if the prosecutor does not dismiss the charge.
Answered on Jun 11th, 2013 at 9:03 AM
Criminal Defense Attorney serving Chicago, IL
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Law Office of Andrew Gable
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You can still be charged even if you blew under the limit. The case won't be dismissed outright but your lawyer may be able to avoid a conviction.
Answered on Jun 11th, 2013 at 9:01 AM