QUESTION
I had a .07 bac, I have no other infractions, can I get it dismissed?
Asked on Nov 24th, 2012 on DUI/DWI - Utah
9 ANSWERS
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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There are far too many related issues. You must hire a good lawyer.
Answered on Apr 24th, 2013 at 2:57 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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It depends on other evidence.
Answered on Apr 15th, 2013 at 6:56 AM
John J. Carney
You should retain a good DWI lawyer. You will probably be able to get it reduced to a DWAI which is a traffic infraction, not a crime.
Answered on Dec 04th, 2012 at 5:50 AM
Michael J. Breczinski
Possibly It depends on the laws of the State where this happened.
Answered on Nov 29th, 2012 at 6:41 AM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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There are several other factors not discussed here that would weigh on this matter heavily. You should consult with a local attorney as soon as possible regarding this matter.
Answered on Nov 27th, 2012 at 4:49 PM
Civil Litigation Attorney serving Seattle, WA
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The Law Office of Edmund P. Allen Jr., PLLC
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Even if you are under .08, you can still be found guilty of DUI if you were "under the influence of" or affected by" alcohol while driving. How a jury would come down on it depends on all the facts of your case.
Answered on Nov 27th, 2012 at 4:45 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The short answer, however, is probably not. However, a good criminal defense attorney may be able to have the charges reduced to either a "dry" or "wet" reckless driving. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Nov 27th, 2012 at 4:44 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Without looking at the overall facts of the case, I cannot say. You don't tell me your age... are you under 21? If so, then , "NO". If you are over 21, what are the facts? The DUI statute reads "Having a BAC of .08 or above, OR driving that is affected to an appreciable degree". What was your driving like? Did you perform any field sobriety tests? Was your driving recorded by the officer? All of these are factors.
Answered on Nov 27th, 2012 at 4:33 PM
1 Award
It is possible that the prosecutor will dismiss the charge, but not guaranteed. If the prosecutor goes forward, they will have to explain why they believe you were over the legal limit despite having a .07 BAC. If you failed some field sobriety tests, the prosecutor may still be able to prove the case. If the prosecutor refuses to dismiss the case, you need to hire a lawyer immediately.
Answered on Nov 27th, 2012 at 8:47 AM