QUESTION
If charged with a DUI and blew a .07 will you still be charged?
Asked on Oct 23rd, 2013 on DUI/DWI - California
13 ANSWERS
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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You can be. You should hire a qualified DUI lawyer because your breath estimate is BELOW the legal limit.
Answered on Oct 24th, 2013 at 8:29 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Depends on their States Attorney. It is common they bluff, file a charge but then dismiss before the trial starts. They offer a "sweetheart deal" below the norm for a DUI.
Answered on Oct 24th, 2013 at 8:11 AM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Yes, you won't be charged for being .08 or above (VC 23152(b)) but you definitely can be charged with DUI. An experienced DUI lawyer in your area can help you determine what can be done to beat the charges.
Answered on Oct 24th, 2013 at 7:11 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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The prosecutor will look at all of the evidence from your arrest. You cod till be charged.
Answered on Oct 24th, 2013 at 6:01 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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You can be charged with a DUI even if your blood alcohol levels are below the legal limit. Contact an attorney.
Answered on Oct 24th, 2013 at 5:57 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Depends on the court. The DA/CA can still proceed on a 23152(a) driving while ability to drive impaired theory. Some will, some won't.
Answered on Oct 23rd, 2013 at 7:03 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Sure you can be the 08 level is only one prong of the statute which says " 08, or whose driving has been affected by an appreciable degree due to the consumption of alcohol and/or drugs". If they can prove impaired driving due to alcohol and/or drugs, then you can be charged and convicted.
Answered on Oct 23rd, 2013 at 4:16 PM
1 Award
It's possible, yes. If there are other indications of impairment, such as sudden lane changes or erratic driving, a prosecutor could proceed with the case. If that happens, hire a lawyer immediately.
Answered on Oct 23rd, 2013 at 4:13 PM
You can, with VC 23152(a). You need to hire a DUI specialist.
Answered on Oct 23rd, 2013 at 4:04 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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You can always be charged. That does not mean that they will be able to prove your guilt beyond a reasonable doubt. That is another matter entirely. If your BAC is .07 that is very low and close to the statutory presumption of intoxication. You need to retain an experienced DUI attorney in your area to thoroughly cover your case and go over your options and reasonable and likely outcomes.
Answered on Oct 23rd, 2013 at 3:45 PM
Tax Law Attorney serving Birmingham, AL
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Meadows & Howell, LLC
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If you were arrested for a DUI, then yes, you are being charged with a DUI, absent the prosecutor deciding to drop the charge at a later date. Whether you will be convicted of a DUI is another story, and it ultimately depends on what specific portion of Alabama's DUI statute they charged you with.
Answered on Oct 23rd, 2013 at 3:28 PM
The fact that a record test taken after an arrest for operating under the influence?does not support an additional citation for operating with a prohibited alcohol concentration does not result an automatic dismissal or amendment of the original charge, but it does make it easier to defend. Consult experienced defense counsel as soon as possible.
Answered on Oct 23rd, 2013 at 3:27 PM
Yes. There are two counts that are typically charged in a DUI case: Driving under the Influence of alcohol and/or drugs AND Driving with a .08% or more blood or breath alcohol level. So the state can still charge driving under the influence and will likely charge .08% or more based on the fact that they will try to backwards extrapolate your BAC at the time of driving to be higher than the time of the test.
Answered on Oct 23rd, 2013 at 3:26 PM