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My fiance got a DUI. BAC (Blood test) was .13 (almost twice the legal limit in California)…?

Question by Laura G: My fiance got a DUI. BAC (Blood test) was .13 (almost twice the legal limit in California)…?
He has a Class A, B and C license. His JOB depends on him winning his case against DMV and against the county. This is his first offense. What are the chances that it will be dismissed by DMV AND by the county, or wind up with an acquittal.
Also, if we cannot get the charges dropped completely, what are the chances of getting it reduced to a “Wet and reckless” and what kind of penalties are included with that charge? Would he still be able to keep his drivers license? We DO have a DUI lawyer. Please be as informative as possible when answering this question! Thanks!

Best answer:

Answer by Grin Reeper
in Pennsylvania he would be SCREWED.

Cant say anything about california sorry

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7 comments - What do you think?  Posted by - October 27, 2010 at 12:12 pm

Categories: DUI Lawyer   Tags: , , , , , , , ,

Barely blew over the legal limit in NC after totaling my car, about an hour later I was given a blood test…?

Question by kimberlypotter@rocketmail.com: Barely blew over the legal limit in NC after totaling my car, about an hour later I was given a blood test…?
Fortunately, I did not hit anyone. Does anyone know what I can expect if the blood test comes back under the limit? I asked if I’d blown over the limit and the officer said, “Just barely.” If it does come back below .08 do I still have a DWI? Or does that just make the sentence more lenient? I was told the breathalyzers they give out in the field are not that accurate which is why they either give you another one at the police station or a blood test in the hospital (I had to go to the ER). Since I was only a little over couldn’t it be argued that the first test was not accurate? Will I be able to drive AT ALL these first 30 days?

I am meeting with a really good DWI lawyer tomorrow but I’m anxious to know a little about what I might expect.

thank you.
I do have a ticket for driving while under an impairing substance. Since the breathalyzer was so close to the limit would that estimation of time elapsed be much more critical? Couldn’t one argue that there would be a margin of error equal to the difference in my percentage and the legal limit?
I was knocked unconscious by the airbag so any noted behavior would not be telling of my condition. I was not drunk by any measure. In the ambulance I was talking very clearly, etc., as I was at the hospital. I felt 100% sober. I have no idea how long I was in there car b4 the police and ambulance got there, again I was totally knocked out.
It was raining, I ran off the road on a curve, my tires needed replacing. Honestly, the alcohol had little, if anything, to do with the accident. When I got in my car to go home I felt totally fine to drive. Not drunk or even tipsy.

Best answer:

Answer by Gunny Bill
Blood test is more accurate and harder to fight in court if you are over the limit. They know approximately how fast the body will metabolize alcohol. So, they take the time your arrested and the time blood is drawn and they can figure pretty close what it was when you were behind the wheel. If your under the limit for DWI you may still get charged with driving while impaired. As for being able to drive…has your privileges been suspended?

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3 comments - What do you think?  Posted by - October 3, 2010 at 9:12 pm

Categories: DWI Lawyer   Tags: , , , , , , , , , , , ,