What happens if you are stopped and arrested for DWI but all of the tests come back with a BAC of 0%?

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What happens if you are stopped and arrested for DWI but all of the tests come back with a BAC of 0%?

My retarded 51 year old brother was stopped for a DWI. His breathalyzer 0%. The cop took him to hospital for $400 blood test; it will also be 0%. With negative test results, will my mom still have to pay the $400? Can court date be dismissed? Any charges to my mom if dismissed?

Asked on August 23, 2013 under Criminal Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Based upon what you have written about, there seems to be a good chance that the DUI charges against you should be dismissed by the district attorney's office. I suggest that you consult immediately with a criminal defense attorney to assist you in your matter.


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