What am I facing after being arrested for DUI with .03 BA?

Question

I was in an accident where I had to swerve to avoid an animal. The roads were wet from rain.

Gregory Casale · Answer

If you blew a .03 you should not have been charged with DUI (in MA the actual charge is OUI) unless you are under 21 and therefore unable to drink any quantity of alcohol legally. If you are 21 or over, you should not have been charged with OUI alcohol. You should speak to an attorney. There is something wrong or something missing in your information.

Jared Altman · Answer

You may beat the charge because you're not over the limit.

Jeffrey Pollock · Answer

Since you were below .08%, unless they can otherwise prove you were Under   the Influence and incapable of safe driving, you are not guilty unless you  were  under age 21.

Dennis P. Mikko · Answer

At a 0.03, you well within the legal limit operate a motor vehicle.  The legal limit is 0.08.  You should enter a not guilty plea and seek the advise of an attorney.  If you cannot afford an attorney ask the court to appoint one for you.

Joseph Dane · Answer

Odds are you won't be facing anything except at worst a ticket for unsafe speed.  You are well below the "legal limit", so the DMV won't take away your license unless you're convicted of DUI.  At this blood alcohol level, it's very unlikely that the DA will file charges against you unless there is something you've left out.

Nathaniel Shafer · Answer

You have a pretty good defense that you were safe to drive. If the prosecutor won't drop the charges, then hire an attorney to defend you at trial.

Samuel H. Harrison · Answer

You need a good DUI lawyer. A .03 is at the very bottom edge of the scale in Georgia (unless you are a commercial drivber or under 21).

Michael J. Breczinski · Answer

.03 or .3?  Most places do not charge at .03.

Terry Nelson · Answer

Prosecution on the crime.    Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial.  With a low BA, assuming no other drug allegations, your attorney may be able to  deal with it better than most. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

John Schleiffarth · Answer

The state likely has a weak case against you based on a BAC of .03. That is well below the legal limit. There may be other factors at play as well. I suggest you call my office to arrange for a free consultation. I do not suggest going it alone unrepresented.

Michael Lynch · Answer

At 0.04 BAC or below you have a presumption of not being impaired.  I  would hire an attorney and challenge such a charge.

Stephen Freeborn · Answer

You don't say how old you are. If you are under 21 or have a CDL, the BAC presumptive level is .02.  If you are over 21,, then the presumptive level is .08. HOWEVER,  you can still be convicted of a DUI, even with a low breath test, IF your driving has been "affected to an appreciable degree". You need to hire an attorney.  A conviction will result in jail time, fines alcohol counseling and treatment, loss of license, higher insurance rates, etc.

Francis Cowhig · Answer

Theoretically, you can still be charged with a DUI, even though your blood alcohol level was below the .08 standard, because of the accident.    I suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your case.  He/she would then be in a better position to analyze your case and advise you of your options.

Jason Savela · Answer

As long as you are 21 or older and not hold a CDL and there were not drugs found in your blood and you took a test, that DUI should be dismissed  i just had a 0.049 dismissed this morning for a client  In response to your DUI Questions:  I am a criminal defense attorney that focuses on DUI cases.  If you would like to discuss your case, please contact me.    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.  DO NOT REQUEST THE OFFICER.  We can do that later if we choose to, but most often it means you will lose.  The receipt DMV gives you allows you to drive until the day of the hearing.    Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.

Daniel J. Pingelton · Answer

The State does this sometimes in hopes of a plea. Don't do it. Get a lawyer.

Ryan Maesen · Answer

You weren't legally drunk. They would have to show that it was the alcohol and not anything else that caused the accident.

William Spern · Answer

There is no crime of driving with a 0.03 BAL. Sure it wasn't 0.3 BAL?

Timothy Klisz · Answer

Sounds like a very defensible case. .03 is well below the legal limit and you have bad driving and weather to explain non alcohol reasons for your accident. I have handled similar cases very successfully.

Bernal Ojeda · Answer

probably a wet reckless charge. it's still a misdemeanor

Leonard Harden · Answer

You should not face anything if you are over 21.  If under 2w a good DWI lawyer should be able to win.

Steven Alpers · Answer

I would say if they charged you that you need a lawyer to fight your case.

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What am I facing after being arrested for DUI with .03 BA?

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