If I was arrested for a DUI and failure to maintain proper lane but only blew a .07, can I get the DUI part dismissed?

Asked on February 25, 2012 under Criminal Law, North Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether you are able to get the DUI charge against you dismissed depends upon what is stated in the police report pertaining to you. You need to realize that there are two criteria for convicting one of driving under the influence of alcohol or a controlled substance.

The first is an objective test such as a blood draw, urine analysis, or for a breathalyzer where your read was .07. The second criteria is the subjective viewing of you by law enforcement. For example, were you weaving while driving, were you unable to walk a staright line, were you slurring your words when speaking and the like.

I suggest that you consult with a criminal defense attorney regarding your situation.

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