what are my options for a first time dui. with a bac of .08?

Asked 9/8/2009 under DUI / DWI | 222 View(s) | More Legal Topics

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Although I do not practice law in the State of California, here are my initial impressions.  In many states, the legal limit is .08.  Therefore, based upon the margin of error of most tests, you may be able to beat this case.  However, you will most certainly need to hire an attorney, and perhaps an expert, to do so.  Therefore, if you wish to resolve this matter favorably, I suggest that you hire an attorney as soon as possible.  Good luck.

There is always a chance to fight a charge like this.  Perhaps the test was not administered correctly?  Perhaps the device was faulty so as to give an incorrect reading? 

Even the timing of the test can be important.  For example, in order to convict a person of drunk driving the prosecution must prove that the person either drove at a time when their blood alcohol level was .08% or higher, or, were impaired by alcohol, i.e., under the influence, at the time of driving.  Therefore, the primary defenses to a drunk driving charge are that you were not .08% or impaired by alcohol at the time of driving.  Despite the fact that your test result may have been .08% or higher, this does not necessarily mean that you were .08% or higher at the time of driving.

The law is concerned with whether your blood alcohol level was .08% or higher at the time of driving.   A chemical test taken after you were arrested is only circumstantial evidence that must be related back to the time of driving.  Depending upon when you finished drinking, when you ate, what you ate, your own unique physiology, etc., your blood alcohol level could have been below the legal limit at the time of driving and later rose to being above the legal limit by the time you were tested.  In such cases, it can be argued that you were not in violation of Vehicle Code section 23152(b), i.e., driving while having a blood alcohol level of .08% or higher.

Additionally, this is a highly technical area of the law and procedural impropriety's can occur that would result in having the charge dismissed (or at least reduced).

A DUI triggers both a civil and criminal case; it is always worth fighting it.  What you need to do now is to consult with an attorney experienced in these type cases.  Find one that practices locally to where this alleged incident happened.  They will have contacts with both the prosecutors' office and the court, and can utilize those contacts to your best advantage.  You don't want something like this on your record if you can help it.

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