can i be charged with a dwi even if i passed my sobriety test and my breathalizer, i only went to jail for dwi becuase my eyes were red.
1 Answer from Attorneys
Yes, however, the state has to prove beyond a reasonable doubt that you were "intoxicated." That means they have to prove that you were influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination of alcohol, a controlled substance, or an intoxicant, to such a degree that your reactions, motor skills, and judgment are substantially altered and the driver, therefore, constitutes a clear and substantial danger of physical injury or death to yourself and other motorists or pedestrians.
The 0.08 BAC limit is a presumption that you are "intoxicated" and you would have to overcome it. Since that is not present here, the State would have a difficult case proving "intoxication." You should contact a lawyer to discuss your case further. Feel free to contact my office.
Related Questions & Answers
I got pulled over for speeding and was asked to take a breath test and passed with a... Asked 7/22/09, 8:42 am in United States Arkansas Drunk Driving & DUI Law
Drugs If someone borrows my car and is caught with drugs will I be held responsible... Asked 12/29/08, 8:28 pm in United States Arkansas Drunk Driving & DUI Law
Dwi Why are they keping my cdl license? Asked 12/29/08, 11:24 am in United States Arkansas Drunk Driving & DUI Law
Warrants and dropping charges if i had arrest warrants and fines in a state other... Asked 12/04/08, 1:56 am in United States Arkansas Drunk Driving & DUI Law
3rd DUI My dad just got in a car accident on Sunday. He was drunk and hit another... Asked 11/12/08, 9:27 pm in United States Arkansas Drunk Driving & DUI Law