Is it likely that my DUI charges could be dropped if I had around a .08 BAC?

BAC around a .08

Question:  Is it likely that my DUI charges could be droppedif I had around a .08 BAC?  I was arrested for a DUI and I had a few drinks that night, but given my weight when I look at blood alcohol charts, it shows that my level would have been around a .08.  What should I do at my first court date?  I think I want to hire a DUI lawyer for this.  Does it make sense for me to set up a meeting with your office?

And is there a fee if I want to come in?  Also, I work 9-5pm Monday through friday so I would have to meet after those hours or on the weekends.  I could take a day off from work to meet, but would prefer not to if I don’t have to.

Answer:  There are many questions I would like to know before being able to answer some of your questions with any degree of certainty. For starters, what court is your hearing in?

Even if your BAC was below a .08, per 23152(a), they can still convict you of driving under the influence even if your BAC is a .08.  Many courts will move forward on the VC 23152(a) charge even if the BAC level was below a .o8.  Generally speaking, if your BAC was a .08 or below, it does make your case a good one to fight , and I have had good success getting DUI charges dismissed under similar circumstances.

There are many other questions I would have about your case, such as…why were you pulled over initially?  Did you perform field sobriety tests?  Did you perform a Preliminary Alcohol Screening test before getting arrested?  etc.

Yes, I would be happy to arrange a meeting with you at my office after 5pm.  Call me at (818) 336-1384 to schedule a meeting with me.  If retained, I would be handling your case directly.  I do not charge a fee for the initial consult.

Be sure to contact me as soon as possible to set up the initial meeting, as there is only a 10 day window for me (if retained) to timely request a DMV hearing to fight any potential drivers license suspension based on a DMV Admin Per Se hearing, or lack of hearing if not timely requested.

In the meantime, there is more information about DUI’s here:  DUI Information.

I look forward to meeting you in person.

Phil Hache
DUI & Criminal Defense Attorney