DUI question- arrested but let out but have court date and got car towed.

Question

My question is what will happen with my court case. I was under the legal limit for a DUI for my state but still summoned to appear in court and I had my car towed. How is this legal? When I was first stopped I blew .008 over the legal limit, but at the station I was .01 under the legal limit. So how can they still ask me to appear in court? Should I get a lawyer? What can I expect the fees to be??

Thanks for the help.

Answer 1

There are two separate violations that can get you convicted of DUI.

The first part makes it illegal to drive while impaired. This is determined by your driving behavior and your field sobriety.

The second part of the law prohibits you from driving with a prohibited alcohol concentration. If you are over the limit, you are assumed impaired.

So, if the officer can prove poor driving behavior, and poor field sobriety, you can still be convicted.

As far as the two breath tests, the first one was a Preliminary Breath Test (PBT). That is a screening device only, and will not be used against you. The second test done at the station was the evidentary test that will be used against you.

If your second test was below .08, you may want to consult with an attorney. Most offer a free initial consultation.

Answer 2

Miss, if you blew a .008 in the field and that was over the limit then blowing a .01 in the station is a HIGHER level of alcohol.

You BAC goes up for the first hour or so after you stop drinking.  You were drunker at the station than in the field.

Expect a healthy fine, a few days in jail and loss of license.

Answer 3

A positive breathalyser test over the legal limit is prima facie evidence of DUI.  It is NOT necessary for the State to have an alcohol reading above the limit to get a conviction though it can be somewhat harder.  You can still be convicted of DUI based upon your behavior and the officer's assessment of your ability to safely operate a motor vehicle.  If this is backed up by video evidence (and if often is) then a conviction is still very possible.

Even if you are not convicted of DUI, you still can be convicted of Driving While Impaired if the State can prove that you were unable to operate a motor vehicle safely.  That is a catch-all that includes driving while excessively tired, sick, under prescription drugs, etc. if it impairs your ability to operate a motor vehicle safely.  And you can be convicted of any offense that you committed that was observed by the police such as excessive speed, weaving, wide turns or cutting corners, running off of the road, driving on the shoulder, etc.

At any rate, you obviously need an attorney. Get one NOW!

Answer 4

It's best if you talk to a DUI attorney.

You can request a FREE DUI case evaluation with a local attorney at

http://www.totaldui.com/pc/?AcctToken=42...

Answer 5

So what?  An officer saw you driving poorly and made the correct decision to pull you over.  The officer then decided there was enough reasonable suspicion to do a PBT and probably the Standardized Field Sobriety Tests.  After failing all those points, you were arrested and brought to the station or jail for the intoxilyzer, where you blew a .07.  Well, congrats on that, but that is not a get out of jail free card.  You still failed all those other indicators and need to go to court.  You can still be convicted of DWI being under the legal limit.  All you can hope is that the officer was not a very good report writer.

If you think a lawyer will help you, then by all means hire one.  Still a good chance you will be found guilty and now have lawyers fees and DWI fines to pay.  Your final bill will be in the thousands, after paying court costs, the fine, license reinstatement, insurance, etc.

Answer 6

both numbers count...when you first get stop and at the station.  the same thing happened to my boyfriend  it was his first offence he got three years informal probation and a 995 dollar fine. and for dui you have to appear in court for sentencing.  that is where you find out your punishment.  we live in CA though

Answer 7

You have one chance to avoid jail time,,,,,pack a bag and move to a different state. Choose one where it's easy to get a "new" ID and SSN, and you'll be able to stop worrying about it.

Answer 8

Trooper3316 gave you the correct answer.

Answer 9

You can still be charged with DUI when you register under the limit.  Some people are impaired even when they register under the limit.  The Officer will need to convince the court that you are guilty in order to convict you.  Go talk to a lawyer about this...........many won't charge you for the first visit.