DWAI but the breath test was .046
I was sitting in my car at a park that was apparantly closed at dusk (it was 7:45). A cop came in and shoed a couple away but said she smelled alcohol in may car; I was given a roadside (in Gravel with sandals on and it was windy enough to blow my leather wallet across the roof of my car). He did not say if I had passed the roadside and went right into a breathalyzer test (without asking)...it was .056...at the station unit it was .046..I was parked, keys out of the ignition (although the cop says they were in)...no priors...what can i expect?
2 Answers from Attorneys
Re: DWAI but the breath test was .046
The tests do not answer the question definitively, but should. I would want the DA to dismiss the case entirely. If they do not, I would go to trial.
Contact me directly if you want more information.
Re: DWAI but the breath test was .046
It depends on which county you are in.
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