QUESTION
If you blow a 1.0, didn't completely fail the sobriety test, but when blood was taken it was lower then 0.08, can or should it be thrown out?
Asked on Mar 20th, 2014 on DUI/DWI - Florida
6 ANSWERS
Michael J. Breczinski
This depends on things like how far apart the tests were. I need more details.
Answered on Mar 24th, 2014 at 4:44 AM
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 is that it may not be thrown out, but it might be defensible. 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. (S)he would then be in a better position to analyze your case, (and) advise you of your options.
Answered on Mar 24th, 2014 at 4:44 AM
Not without hiring a DUI specialist. The prosecutor will argue that at the time of driving you were even higher, like a 0.12.
Answered on Mar 21st, 2014 at 3:03 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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It should, but you may need to fight it. Lawyer up.
Answered on Mar 21st, 2014 at 11:46 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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No... because the DUI statute reads "..... .08, or whose driving is affected to an appreciable degree from the consumption of alcohol and or drugs". Translated, even if your breath or blood test is under a .08, you can still be charged. You also don't state how long after driving, the blood test was taken.
Answered on Mar 21st, 2014 at 11:42 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Decision is up to the Judge and Prosecutor. Take the case to trial.
Answered on Mar 21st, 2014 at 10:31 AM