QUESTION
If I was never given any a breathalyzer where I was pulled over and blew a .08 in the courthouse, can an attorney get my case thrown out for me?
Asked on Dec 20th, 2012 on DUI/DWI - Michigan
More details to this question:
It seems to me that there is no solid evidence that I was over the legal limit because I never blew higher than a .08.
9 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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There are possible defenses, you should get an aggressive attorney to examine the circumstances.
Answered on Jul 07th, 2013 at 10:49 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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In Michigan a .08 is the limit for back level.
Answered on Jun 21st, 2013 at 12:51 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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Technically, one can be convicted of vc 23152 (a) dui even If the alcohol level is below a .08. You can also be convicted of vc 23152 (b) if your alcohol level was at .08 or higher. So you are basically looking at 2 different dui charges. That being said, a good dui lawyer may be able to get your dui charges dismissed.
Answered on Dec 24th, 2012 at 4:10 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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The law in California is .08 or above. However, a good attorney may be able to have your charges reduced to either a wet or dry reckless driving charge.
Answered on Dec 23rd, 2012 at 7:33 PM
Michael J. Breczinski
.08 is the limit so they still have a case. The test results would have to be attacked.
Answered on Dec 23rd, 2012 at 7:30 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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A lawyer probably could not get the case thrown out on that ground. The most important reason is that people are usually charged with TWO separate offenses, drunk driving and also driving with a BAC over the limit. But even without proof of the high BAC, the prosecutor can and probably will, try to show that your driving was impaired, and that some intoxicant was the cause of your impaired driving. That's all they need for a conviction. Also, if you blew a .08 in the real intoxilyzer, that is admissible evidence against you, and it seems to be a prohibited BAC. Good luck.
Answered on Dec 23rd, 2012 at 6:51 PM
Yes, but you'll need to hire a DUI specialist, and do it soon because you have only 10 days to save your license. They can charge you whether you blew over or under, so without an attorney you're a sitting duck.
Answered on Dec 23rd, 2012 at 6:42 PM
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The law says .08 or higher, so blowing a .08 is still legally the limit so you have a problem. However, it isn't as big of a problem as blowing a .15 so you need an experienced attorney to help you through this case..
Answered on Dec 21st, 2012 at 2:54 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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Thrown out? Not based on an evidential breath estimate result. Thrown out means there is a problem with the detention by the officer of you or the way the evidence was collected.
Answered on Dec 21st, 2012 at 12:40 PM