QUESTION
If I had blood drawn and the results read .08 alcohol in my system, was I legally intoxicated?
Asked on Apr 15th, 2014 on DUI/DWI - Colorado
More details to this question:
I also blew the night I was arrested and they didn't tell me if I passed or failed. I just want to know if the state has a case or if I should have been arrested that night.
8 ANSWERS
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Apr 16th, 2014 at 2:34 PM
Michael J. Breczinski
.08 is the lower limit to get a DUI charge in most States, so yes you were intoxicated. Get a lawyer.
Answered on Apr 16th, 2014 at 8:30 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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A blood alcohol level of .08 or above raises the presumption that you were intoxicated. However, with a good attorney, you may be able to plead down to a wet reckless charge.
Answered on Apr 16th, 2014 at 6:38 AM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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These are questions you need to discuss with a lawyer who has expertise in DUI defense, the answers will vary depending on many other factors. The State may not have been lawfully able to arrest you.
Answered on Apr 16th, 2014 at 6:36 AM
James Edward Smith
Yes, you're at the limit.
Answered on Apr 15th, 2014 at 9:01 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Yes, you were intoxicated. The statute reads ".08 or above", not "above .08". In addition, you could be under a .08 and still be charged if your "operation of the vehicle was affected to an appreciable degree due to the consumption of alcohol and or drugs". Yes, the arrest was proper and state has a case.
Answered on Apr 15th, 2014 at 6:47 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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That may be enough to arrest, but alone it's not enough to tell whether you were either intoxicated or .08% at the time of driving which is what the state needs to show. Problems with blood tests are their machines aren't accurate and the blood sits out unrefrigerated for days before its tested. This can cause fermentation. Fermentation increases the alcohol in the blood when tested.
Answered on Apr 15th, 2014 at 6:42 PM
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In Colorado, DUI starts at 0.08 BAC. But, there is a lesser included charge of DWAI from 0.05-0.079. You may suffer DMV drivers license consequences if BAC is 0.08 or above. In response to your DUI Post: I am a criminal defense attorney with more than 15 years experience on DUI cases. Some important information: If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form.
Answered on Apr 15th, 2014 at 6:42 PM