QUESTION
If someone passes a field sobriety test, but blow over a .08 while getting booked, can they still be charged with a DUI?
Asked on Jan 27th, 2013 on DUI/DWI - Michigan
More details to this question:
If someone passes a field sobriety test, but blows over the limit while getting booked at the station, can he still be charged with a DUI?
8 ANSWERS
John J. Carney
You can be arrested with anything over a .02% for DWAI or DWI if over a .08% BAC. The field sobriety tests will help if you go to trial to get a DAWI, but you will probably not be acquitted.
Answered on Feb 25th, 2013 at 1:56 AM
Michael J. Breczinski
There is that possibility. But the question is did they charge the person?
Answered on Feb 01st, 2013 at 10:23 AM
Criminal Defense Attorney serving Brighton, MI
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The Law Office of Steven M. Dodge, PLLC
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Absolutely. Cases like this are charged on a daily basis. You are able to argue at trial that the passed FSTs are evidence that you were not intoxicated or impaired. You will need to cast some doubt on the chemical test results, however. Write if you have other questions.
Answered on Jan 28th, 2013 at 5:01 PM
1 Award
Yes, definitely. Passing the field sobriety tests may help your argument that the officer did not have a right to arrest you, but if a judge finds the officer had "probable cause" to arrest you, then you can be convicted of DUI based on the breathalyzer. Hire a good lawyer to help you fight the charge and the chances of a judge finding the officer did not have probable cause improve.
Answered on Jan 28th, 2013 at 5:01 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Yes, in California you are likely to be charged with Driving Under the Influence (VC?23152(a)) AND Driving with a Blood Alcohol Concentration of .08 or above (VC?23152(b)). The first charge can be filed even if you were below the legal limit at the station, it is based upon the driving observed and the observations of law enforcement following contact. You should contact a lawyer to discuss the facts of your case, if you passed the field sobriety tests you may have been unlawfully arrested even if you blew over .08. If you are able to challenge the grounds for the arrest or for the stop you may have your case dismissed. Again, a lawyer can help you determine how best to proceed under your facts.
Answered on Jan 28th, 2013 at 5:00 PM
Absolutely. FSTS are just a scam; nobody ever passes them, at least not in the police report. This person needs to hire a DUI specialist, and do it soon because there is only 10 days to save the driver's license.
Answered on Jan 28th, 2013 at 5:00 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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Yes. You need qualified DUI counsel.
Answered on Jan 28th, 2013 at 4:59 PM
Geoffrey MacLaren Yaryan
First, how would you know if you passes a FST? The police wouldn't arrested you if that were the case. A lot of people think they passed it but the arresting cop thinks they failed it. After all it is a pass, fail standard, one slight mistake and you fail.
Answered on Jan 28th, 2013 at 4:59 PM