I was asked to pull over on the way home when going through a sobriety checkpoint after having a few drinks. I did not feel impaired and was honest and cooperative with the officer. I performed all of the sobriety tests that were I was kind of in shock and didn’t know what to do after I was read my rights. I’ve never been in any trouble with the law before and have a clean driving record. I took the breath test and blew below the limit of 0.08, the officer gave me the paperwork, and I walked home as I was only 2 blocks away. I am supposed to go in for fingerprinting and photo sometime this week and a court appearance scheduled in 10 days. Can I be prosecuted for being below the legal limit?
Answer: (1)
One of the main deciding factors in this case would depend on your state laws and statutes surrounding DUI/DWI. Even though you are below the legal limit of .08, generally if you show signs of impairment the officer would have the right to arrest and charge you with a DUI. Some states would just drop the charge after discovering you were below a .08 and a simple court hearing, while others may pursue action. If they do pursue action and you had fully complied with the officer, have proof of being less than .08, and maybe slipped up a bit during your Field Sobriety Test because you may have been nervous, you could hire a DUI attorney and have a valid defense in your case as these tests are not 100% accurate. In either case, it would be highly recommend you speak to a DUI attorney in your state about your case.
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Posted by Staff Writer on 21 Jan 2010