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Can I beat a DUI charge if I was at 0.08 BAC?
Question:
Can I beat a DUI charge if I was at 0.08 BAC?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
A 0.08 percent BAC test result will usually encourage a police officer to charge you with a DUI. He may inform you that state law says such a test result defines you as too impaired to operate a motor vehicle. Hopefully, you will be smart enough not to incriminate yourself, because having a BAC of 0.08 does not mean that you are destined for a DUI conviction.
There are individuals who have test results that are two or three times the legal limit. Yet, they still manage to beat the DUI charges that they face. When the results are exactly the legal limit, beating a DUI charge can be even easier.
In a case of a 0.08 BAC test result, the tool that law enforcement believes will seal your fate as a convict can actually be used to destroy the case against you. Breath analyzing tests are law enforcers preferred method of determining intoxication in DUI cases. Rarely, are actual blood tests performed.
If you did not receive a blood test, there are several ways that the breath test results can be colored with doubt, if not outright discredited. It can be argued that the machine was not accurate. It can be argued that proper procedure was not followed when administering the test. It can also be argued that the test was administered by an unqualified individual.
These are only a few of numerous possible defenses. With a skilled legal defender, it is very possible to beat this charge. You should contact an attorney immediately to discuss your options.
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