QUESTION
If the blood sample is below .02, how do I fight this in court?
Asked on Sep 21st, 2012 on DUI/DWI - Massachusetts
More details to this question:
I got a DUI earlier today but the breathalyzer came out .00 so the officer took me to get a blood sample. I had around two shots of vodka almost 4 hours earlier and I had went dancing. The officer thought I was hammered because I didn't pass the other tests.
7 ANSWERS
Unfortunately, you need to hire an attorney if the prosecutor won't dismiss the case. If you are under the age of 21, the law requires that you don't have any trace of alcohol ....that is "without a drop'.
Answered on Sep 24th, 2012 at 2:06 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If they don't find any drugs in your blood and the alcohol is that low you should not be charged. If you are fight the case.
Answered on Sep 24th, 2012 at 2:06 PM
You should totally hire a DUI specialist, who can 99% get your charge dismissed.
Answered on Sep 24th, 2012 at 2:04 PM
Speeding & Traffic Ticket Attorney serving Mineola, NY
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Austin Law Associates, P.C.
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The blood sample was probably taken by police to check for drugs not alcohol.
Answered on Sep 24th, 2012 at 2:03 PM
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If you passed the breathalyzer and your blood test came back as .02, then you have a good case. You should definitely not plead guilty. (That may seem obvious, but sometimes people do anyway.) Do not talk to the police either. Having a lawyer could help you, especially if you are at all nervous about the process and about speaking in court.
Answered on Sep 21st, 2012 at 3:49 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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The breath test is only one part of the DUI statute. The other part provides "... driving that is affected to an appreciable degree". This means that the prosecutor would have to show that your driving was affected to an appreciable degree. Ways to do this: performance on field sobriety tests, whether your driving was witnessed by third parties, or even videoed (a lot of cop cars are now equipped with video). Don't try and defend this on your own. DUI cases are complex and there is a lot at stake. Get an attorney
Answered on Sep 21st, 2012 at 3:45 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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You fight it the same way everyone fights any OUI charge. You hire a lawyer who knows what he/she is doing to defend you. They can charge you with OUI Drugs if there is no evidence of alcohol consumption. Alternatively, even without any breath test (BT) they can allege that you were under the influence showing impaired operation. You really should have an attorney represent you on this. Too often people incorrectly think that just because they were in the right that everything will work out. This is a pretty true way of life in most areas of living, but in the criminal justice system, I have seen too many people who thought they didn't need a lawyer because they "weren't doing anything wrong" end up convicted. Once it happens it is too late to change it. You only have one chance to defend yourself. Please make sure you have someone in your corner fighting for you what knows what they are doing.
Answered on Sep 21st, 2012 at 3:44 PM