QUESTION
Is the result of my breath analyzer a ground for dismissal?
Asked on Apr 16th, 2013 on DUI/DWI - California
More details to this question:
In July of 2012, I was arrested for driving while intoxicated. I registered a .07 when I was given a breath analyzer test. Is the result of my breath analyzer a ground for dismissal?
10 ANSWERS
2 Awards
It is not grounds for a dismissal- it does create reasonable doubt as to if you were driving under the influence and could result in an acquittal at trial. You will want a skilled and competent DUI attorney to defend the DUI for your- don't try and go it alone!
Answered on Apr 19th, 2013 at 3:07 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Not necessarily. You can still be convicted of a DUI, even if your blood alcohol level is below .08.
Answered on Apr 18th, 2013 at 11:57 PM
Alexis Anne Plunkett
Your case will not be automatically dismissed just because you blew under the legal limit (assuming you are over 21)you can still be "impaired" and you can still be convicted of a DUI.
Answered on Apr 18th, 2013 at 3:09 PM
DUI Attorney serving Grove City, OH
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Law Office of John G. Galasso
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It can be used in your favor in court; However the prosecutor might argue that other things such as the field sobriety tests show impairment
Answered on Apr 18th, 2013 at 3:08 PM
1 Award
Yes, it could be. It depends on your judge and prosecutor, but if they insist on going forward, plead not guilty and fight the charge.
Answered on Apr 18th, 2013 at 3:08 PM
Criminal Defense Attorney serving Brighton, MI
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The Law Office of Steven M. Dodge, PLLC
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No. In Michigan, it is evidence of operating while visibly impaired. Although that charge is less serious than an OWI, it is still a drunk driving offense.
Answered on Apr 18th, 2013 at 3:08 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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No. The DUI statute reads: Having a breath reading of .08 or above, OR whose driving has been affected to an appreciable degree by the consumption of alcohol and/or drugs. You could still be charged and convicted even if your breath reading is under .08, if your operation of the vehicle has been affected to an appreciable degree.
Answered on Apr 18th, 2013 at 3:08 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It will be part of your defense, engage an attorney.
Answered on Apr 18th, 2013 at 3:08 PM
That would depend on how good your lawyer is. Remember, VC 23152(a) isn't BAC-specific, so you can be convicted even with a 0.07. Do yourself a favor and hire a DUI specialist.
Answered on Apr 18th, 2013 at 3:07 PM
Michael J. Breczinski
It may be. It depends on how the statute is written. In some States if they can prove the alcohol impaired you then they just have to shoe that you had some alcohol in your system and the amount is not as relevant.
Answered on Apr 18th, 2013 at 3:07 PM