Question: My BAC came back at a .067, but I am charged with a DUI??? How is that possible since my alcohol level was below a .08. I thought I had to be above a .08 to be considered DUI. Is this a false arrest? Can I still be convicted?
Answer: The Prosecutor can still follow through with DUI charges based on a a BAC level below a .08, but good news….I have regularly, been able to get those charges dismissed! And by regularly, I mean that I’ve had a lot of cases like this, and I had the DUI charges dismissed on every single one of them so far without having to go to trial!
A few questions, are you over or under 21 years old? Have you had any previous DUI arrests? Are you on probation for another conviction at the time of this arrest?
Phil Hache, DUI Defense Attorney