A level of .08 or above if accurate is a violation of CVC sec. 23152(b). You will need to hire an attorney to help you establish that this result may not be correct. I doubt you can establish yourself by representing yourself but that is your decision.

Answer Applies to: California
Replied: 8/31/2011

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Sure, any case can be dismissed. However, you don't have to even have any BAC results to be convicted of DUI. Stone cold sober Individuals, who are high on drugs, can be convicted of a DUI. The outcome of your case will depend on all of the other factors. A not very uncommon result for someone measured at 0.08 BAC would be, what is referred to as, a conviction for a wet reckless. Especially, as in your case, the stop was not for poor driving. Depending on how well, or poorly, you did on the Field Sobriety Tests a reduction to a wet reckless might be appropriate.

Answer Applies to: California
Replied: 8/30/2011

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.08 is over the limit but normally the D.A. is willing to either dismiss it or reduce it. A good lawyer would be a good move.

Answer Applies to: California
Replied: 8/30/2011

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Depending on the facts you should get this reduced to a wet reckless. A .08 normally is not dismissed.

Answer Applies to: California
Replied: 8/30/2011

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It could be dismissed. Keyword is could as it is very fact specific. In my opinion, I believe it is worth a trial. Police are trained to look for bad driving, personal contact, and pre arrest screening. In a checkpoint, there is no bad driving. Personal contact is fact specific based on what you told the police and how they interpreted your performance on field sobriety test. Also, an officers writing skills plays a significant factor as well.

Answer Applies to: California
Replied: 8/30/2011

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The statute is is VC 23152(b) which is for .08% BAC or higher. You can be convicted at that level. You likely have a defensible case, but it is not automatic by any means. I recommend contacting an attorney.

Answer Applies to: California
Replied: 8/29/2011

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No. Not without a valid legal reason. DUI's are harshly prosecuted and are never simply dismissed because it is a first offense or if the person blew a .08. However, if that was your BAC you should hire an attorney as you may have a very good defense available to you.

Answer Applies to: California
Replied: 8/29/2011

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Where?A lot of other factors to make that determination.

Answer Applies to: California
Replied: 8/29/2011

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That is up to the prosecutor. It is illegal to drive with a .08 or over. That includes .08. Also, there have been many cases filed at .06 and .07 if the cop thinks you were under the influence. That depends on your results on the field sobriety tests. Remember to contact the DMV within 10 days of your arrest to schedule a hearing to attempt to prevent a license suspension.

Answer Applies to: California
Replied: 8/29/2011

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Those kind of things can be fought and won if you have a knowledgeable and aggressive attorney. It's not just going to be dismissed because you blew what is the illegal BAC, .08. I can't imagine why you would think they would cave in and send you on your way without a fight.

Answer Applies to: California
Replied: 8/29/2011

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Possibly. You have a good case, but it won't mean much if you show up to court by yourself without a good attorney. And don't forget the DMV, which has to be contacted within 10 days of your arrest in order to save your driver's license. A good DUI specialist will be able to help you in court and at the DMV.

Answer Applies to: California
Replied: 8/29/2011

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It depends. With a .08% BAC it is especially important to fight this and either get the charge dismissed or reduced. Calibration problems and procedural errors may drop your .08 to an even lower BAC.

Answer Applies to: California
Replied: 8/29/2011

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There is a good possibility that you may prevail in trial based on the facts presented.

Answer Applies to: California
Replied: 8/29/2011

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Yes. A good California DUI Lawyer may be able to get it dismissed. The checkpoint must meet the requirements of the Ingersoll case which I frequently write about and refer to in my checkpoint page.

Answer Applies to: California
Replied: 8/29/2011

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Can it be dismissed? Yes. Will it? That's another story. You have a very defensible case though. With no "bad driving" (because you drove appropriately up to the checkpoint), they may have a hard time proving driving under the influence. With the built in margin of error with the breath test, the 0.08% may not be reliable. There may also be issues with how the checkpoint was set up and conducted, giving you further legal defenses. This is definitely one for an attorney to handle though. The DA won't just drop things on their own. Don't miss the 10 day window from the date of your arrest to request a hearing with the DMV or they'll automatically suspend your license for four months.

Answer Applies to: California
Replied: 8/29/2011

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