When i got the DUI it stateted that my BAC level was .074 which is under the limit. But it also said that i caused property damage and caused minor injury to another person. That is all true. Can they still give me a DUI even if i was under the limit? I live in florida.
2007-11-13 05:02:31 · 5 answers · asked by Jashwant A 2 in Politics & Government ➔ Law & Ethics
i dont know. i live in england sorry
2007-11-17 05:08:56 · answer #1 · answered by magiclady2007 6 · 0⤊ 0⤋
You need to immediately contact an attorney licensed in Florida to protect your rights.
DUI Laws vary greatly from state to state. However, almost every state has some version of automatic license suspension. Usually, what this form of "double jeopardy" means is that the state, using the fiction that driver's licenses are a privilege and not a right, will suspend your license if your blood alcohol is above a certain level, REGARDLESS of how the DUI criminal matter comes out. An attorney in Florida can advise you on the procedures to protect your driver's license, if any.
In many states, the BAC of .08 or greater is PRESUMED intoxication. This means that if there is a BAC of .08 or greater, the court can presume that the person was intoxicated for the purposes of the law. However, a .074 doesn't mean you weren't legally intoxicated. I means that the state has a greater burden to convince a court that you were incapable of safely operating a vehicle.
For a referral to an attorney, contact your local or state bar association.
2007-11-13 06:05:08 · answer #2 · answered by Phil R 5 · 0⤊ 0⤋
You need a good lawyer. The woman above me is talking out of her ***. .074 is not a high enough blood alcohol level for intoxication for the vast majority of people. DUI penalties should be extremely tough, but the mania for going after people with miniscule blood alcohol levels is reactionary hysteria.
2007-11-13 05:15:43 · answer #3 · answered by Anonymous · 1⤊ 0⤋
It depends but I think that they still can if they feel that the presence of alcohol in your system caused the accident. I am sure that you have a case to fight it though, hire a good lawyer.
2007-11-13 05:06:35 · answer #4 · answered by Louis G 6 · 0⤊ 0⤋
yes, because you were clearly driving under the influence...it doesn't need to be above or below the legal limit in your state.
2007-11-13 05:09:32 · answer #5 · answered by lahockeyg 5 · 0⤊ 1⤋