2006-09-10 12:32:15 · 13 answers · asked by dannyho89 1 in Politics & Government ➔ Law & Ethics
a good lawyer can have it thrown out or reduced to c&i.however as mentioned above you were not in violation of the law so the charges are bogus.
2006-09-10 12:36:39 · answer #1 · answered by jgmafb 5 · 0⤊ 1⤋
The legal limit creates what is called a "presumption" of being impaired. In other words, if you are above the legal limit, that itself is sufficient evidence that you are impaired.
If you are below the legal limit, the prosecutor has to prove that you were actually imparied. In other words, rather than just poing to the blood test, the prosecutor must convince the judge and jury that you were still actually suffering an impairment at the time. This can be done with other evidence, such as witnesses, etc.
Bottom line, the blood test above the limit just makes it easy to prove that you were DUI, but that is not the only way to prove it.
2006-09-10 18:15:56 · answer #2 · answered by coragryph 7 · 1⤊ 0⤋
you're charged with 2 misdemeanors, one for DUI and one for being .08 or above. maximum counties require 40 8 hours of reformatory, you may settle for credit for one, or 2, days reckoning on what time you have been arrested and what time you have been released. A DUI criminal professional might help you keep away from the DUI conviction and probably the only suspension which could result from being over .00 and being decrease than 21. you should call a DUI lawyer to work out what may be carried out to maintain your license and forestall the DUI conviction, no less than what, if any options you may ought to keep away from extra reformatory. regrettably, a DUI conviction can heavily impact you for extremely awhile.
2016-11-07 01:44:06 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I believe (however not 100% sure) that would be operating a motor vehicle while "impaired" instead of under the "influence"......im pretty sure that anything under the legal limit in most states is considered driving while impaired (DWI ) ...... at or above the legal limit is driving under the influence (DUI ). There is a difference. If your blood alcohol level was under .08 then you probably got a misdemeanor infraction charge of "DWI" not "DUI" a lesser offence...... but still very sobering.
2006-09-10 13:04:59 · answer #4 · answered by steve m 1 · 0⤊ 1⤋
Cora hit the nail on the head. In NY if your test shows a .08% or higher, you get the ticket for "Operating a motor vehicle with .08% Blood alcohol Content or higher", but if you show us that your just drunk, even though you test low, you can be issued the "Driving while intoxicated" ticket. Consider a 10 year old kid having two beers. He might act super drunk, but his blood alcohol level might be a .04%. No tolerance for alcohol yet would not allow him to operate his bike too well...
2006-09-10 19:19:52 · answer #5 · answered by Copper 2 · 0⤊ 0⤋
If the state limit is .08 and you were below .08 then you are not
guilty of breaking this law...
2006-09-10 12:39:20 · answer #6 · answered by Anonymous · 0⤊ 1⤋
You can still be charged if you are over .06 (in Maine) with other evidence. For instance, if you are at fault in an accident then yes you can be charged with DUI (OUI in Maine).
2006-09-10 15:40:05 · answer #7 · answered by amish-robot 4 · 0⤊ 0⤋
I believe that DUI (driving under the influence) is different than DWI (driving while intoxicated).
2006-09-10 12:35:53 · answer #8 · answered by illusions 3 · 0⤊ 1⤋
I think you would still get an impaired ticket. But it would be far less than a DUI.
2006-09-10 12:34:13 · answer #9 · answered by mikis1967 3 · 2⤊ 1⤋
Get A Good lawyer and never do it again you burk. Sorry, even you know you are stupid. could have been a lot worse
2006-09-10 12:35:36 · answer #10 · answered by thecharleslloyd 7 · 1⤊ 1⤋