Answer: I don’t know if there is any type of official statistic for your answer, but the chances of getting DUI charges dismissed certainly increase with attacked properly. How old is your son, over 21? If he is under 21, then there is a zero tolerance law, so a .01 BAC or higher violates the statute. If over 21, even if both the BAC levels were below .08, he can still be convicted of a DUI per VC 23152(a). It is VC 23152(b) that requires a .08 or higher. Both statutes have the same potential penalties.
That being said, if one of his breath tests results were below a .08, this is a great start to defend the case. A There also may be other issues with the prosecutions case that can act as defenses in your sons case. You can call me at 818-336-1384 or through 1duilawyer.com if you would like to discuss your sons case in more detail so I can give a more specific assessment of his case. Also, keep in mind that there is only a 10 day window from date of arrest to request a DMV hearing to avoid a potential drivers license suspension.
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