QUESTION
Can my DUI case be dismissed if I only blew a .08?
Asked on Aug 28th, 2011 on Criminal Law - California
More details to this question:
I was pulled over at a check point, when I did the test. I blew a 0.08 and was arrested and want to know if it could be dismissed.
9 ANSWERS
Criminal Trial Attorney serving San Jose, CA
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Law Office of Thomas F. Mueller
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.08 is over the limit but normally the D.A. is willing to either dismiss it or reduce it. A good lawyer would be a good move.
Answered on Aug 31st, 2011 at 7:32 AM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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Sure, any case can be dismissed. However, you don't have to even have any BAC results to be convicted of DUI. Stone cold sober Individuals, who are high on drugs, can be convicted of a DUI. The outcome of your case will depend on all of the other factors. A not very uncommon result for someone measured at 0.08 BAC would be, what is referred to as, a conviction for a wet reckless. Especially, as in your case, the stop was not for poor driving. Depending on how well, or poorly, you did on the Field Sobriety Tests a reduction to a wet reckless might be appropriate.
Answered on Aug 31st, 2011 at 7:31 AM
Depending on the facts you should get this reduced to a wet reckless. A .08 normally is not dismissed.
Answered on Aug 30th, 2011 at 2:17 PM
Bankruptcy Attorney serving Huntington Beach, CA
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The English Law Firm
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The statute is is VC 23152(b) which is for .08% BAC or higher. You can be convicted at that level. You likely have a defensible case, but it is not automatic by any means. I recommend contacting an attorney.
Answered on Aug 30th, 2011 at 7:37 AM
Drivers License Suspension Attorney serving Redlands, CA
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Law Offices of Matthew Murillo
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No. Not without a valid legal reason. DUI's are harshly prosecuted and are never simply dismissed because it is a first offense or if the person blew a .08. However, if that was your BAC you should hire an attorney as you may have a very good defense available to you.
Answered on Aug 30th, 2011 at 7:08 AM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Probably not as that is the legal limit but a good attorney should be able to get you a "wet reckless" which is about half the fine and half the time in DUI school. If you have a prior, however, it is doubtful that you can get a wet reckless.
Answered on Aug 30th, 2011 at 6:48 AM
Bankruptcy Attorney serving Santa Ana, CA
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Law Offices of David L. Smith
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Where?A lot of other factors to make that determination.
Answered on Aug 30th, 2011 at 6:47 AM
Possibly. You have a good case, but it won't mean much if you show up to court by yourself without a good attorney. And don't forget the DMV, which has to be contacted within 10 days of your arrest in order to save your driver's license. A good DUI specialist will be able to help you in court and at the DMV.
Answered on Aug 29th, 2011 at 8:48 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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Can it be dismissed? Yes. Will it? That's another story. You have a very defensible case though. With no "bad driving" (because you drove appropriately up to the checkpoint), they may have a hard time proving driving under the influence. With the built in margin of error with the breath test, the 0.08% may not be reliable. There may also be issues with how the checkpoint was set up and conducted, giving you further legal defenses. This is definitely one for an attorney to handle though. The DA won't just drop things on their own. Don't miss the 10 day window from the date of your arrest to request a hearing with the DMV or they'll automatically suspend your license for four months.
Answered on Aug 29th, 2011 at 8:36 PM