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If my BAC was low can I beat a first DUI charge?
Question:
I was arrested and detained for a DUI, and I blew a 0.07. Since I was technically below the limit, do I have a better chance at getting the charges dropped or dismissed, or beating the case in trial?
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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.
DUI cases are not always as one-sided as people think. Prosecutors rely heavily on BAC results. You may believe that these results are your biggest enemy since they show that you were under the influence, but a low BAC may actually help you beat your case.
A BAC of .08 is the standard measure of intoxication. If a person is tested and her results are lower than this threshold, a prosecutor's job becomes much more difficult. He must now find evidence to substantiate the DUI charge. In most cases, this will mean that he has to rely on the arresting officer.
The prosecutor will hope that the arresting officer detailed evidence of intoxication in the arrest report. Otherwise, if the officer goes to court and recants damning details, serious questions will be raised as to why he omitted this information from his report. Also, if the arrest report lacks details of intoxication, there will be questions regarding the reason that the accused was arrested in the first place.
If there are suggestions of intoxication in the report, a successful defense is still very possible. If a person's BAC was low, the arresting officer's interpretation of details that are used as evidence should be carefully assessed. Visible evidence that a person is intoxicated if she only has small amounts of the intoxicating substance in her blood can become very questionable in court.
It is often possible for first time offenders to beat low BAC cases. Employing the correct defense requires professional skill. If you are facing a DUI charge, talk to a DUI lawyer immediately and find out what your options are in your state and jurisdiction.
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