Dwi/dui
BAC test was 0.45, and state legal lvl is .08 has crime been committed, and if the stop was for headlights out, but a BAC test, blood was drawn, and field sobiety test was done
3 Answers from Attorneys
Re: Dwi/dui
Was your bac .45, which is hard to fathom, or .045? I'll assume it was .045. In that case, the State must prove you were impaired while driving. Please call me for further consultation.
Re: Dwi/dui
I THINK you mean can you be arrested for DUI even if your blow was less than .08. The answer to that question is YES. You should have legal counsel. In what county is the case pending?
Re: Dwi/dui
In Illinois you can be charged and convicted of a DUI with under a .08 breath score. Although many police officers will drop a case with a low score, many will still pursue the charge. Some officers will insist on a blood draw or urine yest as well. In any event, the police will use field sobriety tests, and other police "opinions" to find you guilty. Get a good trial, DUI lawyer, with plenty of successful trial experience. Without knowing more about the case, an experienced trial lawyer, will likely have good success beating the charge.
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