QUESTION
What will happen if my breath test was under the legal limit?
Asked on Jul 06th, 2013 on DUI/DWI - California
More details to this question:
What if my breath test was determined under the legal limit and my license wasn't suspended at the time of arrest? Could the courts still suspend my license at my first court appearance?
6 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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The prosecution will still have to prove you guilty in a trial. If you blew under the limit, I think it will be harder for the prosecution to get a conviction.
Answered on Jul 09th, 2013 at 9:47 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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I would need a lot more information to answer this question. In MA, if you pass the breath test the police can still arrest you for DUI/OUI, but they will have to use opinion testimony to convict. It is much harder to prove on opinion testimony than Breath Test evidence, but it happens.
Answered on Jul 08th, 2013 at 7:33 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Depending on where you were arrested the prosecuting agency may not file charges or may proceed under the Driving Under the Influence statute (a second way to prosecute DUI's). The theory of prosecution is that your driving is so bad that you were under the influence of alcohol despite being below the legal limit. You should contact a DUI defense attorney to discuss the possible defenses and likelihood that charges will be filed in your case.
Answered on Jul 08th, 2013 at 2:30 PM
Your license will be suspended if you are convicted of a VC 23152(a) DUI, regardless of what your BAC is. You need to hire a DUI specialist.
Answered on Jul 08th, 2013 at 1:10 PM
Criminal Law Attorney serving Melrose Park, IL
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The Law Offices of Carlos H. Davalos
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Based only on these facts, no, but the police are required to.confiscate your license after a DUI arrest.
Answered on Jul 08th, 2013 at 12:49 PM
There are typically two counts associated with a DUI offense: Driving Under the Influence (they can charge this no matter what BAC is); and Driving with a .08% or more BAC (even if your BAC is under .08%, they can still charge this by extrapolating through expert testimony that your BAC was .08% or more at the time of driving). So, bottom line is if you are convicted of a DUI, you can lose you privilege to drive.
Answered on Jul 08th, 2013 at 12:43 PM