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.