Here are my circumstances before I ask my driving under the influence question:
1. I attended a fundraiser and had a few beers. They were the kind with lower alcohol that you get at grocery stores.
2. After the event I went to hang out with some folks I’d met at the event and had a few more beers(these ones were regular percentage).
3. I didn’t drink excessively and headed home after awhile. I’m estimating that if you include the fundraiser, I was out for 7-8 hours.
4. An officer pulled me over because my break lights were out. I handed him my license and registration.
5. He asks if I’ve had something to drink. It goes downhill from this point. I do well on the roadside tests but blow a .09(.08 is the limit). At this point I am confused because I know that I haven’t consumed over the legal limit and know that prior to the test the officer couldn’t have had very good reason to believe that my driving was impaired. I felt like I was being “pushed” towards DUI charges, if that makes any sense.
6. I opted for a blood test at a nearby hospital and was ticketed and placed in the custody of a friend rather than arrested.
7. My blood test results will come back in a few weeks to determine whether I was truly over the limit.
So my questions about this situation:
1. In situations such as this, what can an attorney realistically do for me? My friends have recommended good attorneys, but I’d like to survey more people to figure out what I can expect.
2. Has anyone else had success fighting this sort of thing?
3. Will the fact that I was ticketed rather than arrested weaken/affect my defense? It seems that nearly all methods of dismissing a DUI center around an actual arrest taking place.
AND PLEASE, NO LECTURING! I had misjudged how much I had to drink and think that individual factors I was not aware of lead to such a high reading. Almost every BAC calculator I’ve consulted says that I should have been below the legal limit.
If the blood test shows that you were NOT over the legal limit, then no problem. If the ticket was for a DUI, it will be dismissed. If the ticket was for the faulty brake-light, you’re still responsible.
If your blood test shows you WERE over the legal limit, then you will be prosecuted for DUI, which for a first-time offender might be a ticket or a fine, or could be a suspension of your license, but likely not jail time.
Blood alcohol levels are VERY individual. You really can’t trust a BAC calculator for that.
Now, you were out for 7-8 hours, but you don’t say the time frame from first drink to pull over. You had a few beers, and then a few more. As few denotes 3 or more, you had a minimum of six beers. Likely, you were over the limit.
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