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Should I fight a DUI if my BAC was 0.08?
Question:
I was arrested for a DUI and I blew a .08. Since I was just at the limit should I try to fight the charge?
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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.
Whenever you are charged with a DUI, the best thing to do is to contact a lawyer to find out what your options are regarding either how to fight the DUI or how to arrange a plea bargain. A DUI is a serious charge and depending on where you live, you may face jail time for even your first DUI offense. You will also have your license suspended, have a criminal record and have a difficult time getting car insurance in the future. This means that if there is a possible defense available to you, you should consider using that defense to try to beat the charges.
In cases where your BAC is at or close to the legal limit, there are a few different defenses you may be able to use to deal with the charges. One option may be a rising BAC defense where you argue that your blood alcohol level was not actually over the limit at the time you were driving. This defense is best used when there was a gap in time between the time you were pulled over and the time you were tested, such as would occur if the test was not administered until after you had been taken back to the police station. This defense is a viable option in these cases because a person's blood alcohol level continues to rise even after he or she stops drinking.
If this defense won't work, your lawyer can also help you to explore other options that might be better based on the circumstances of your case, such as a defense based on illegal search and seizure if the police did not have probable cause to test your BAC.
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