Can a judge charge me with any offense from a .0057 BAC

Asked over 1 year ago - Artesia, NM

I had a court hearing for a simple speeding charge. The judge ordered a breathalyzer during the hearing because the bailiff suspected I was intoxicated. My BAC was .0057. I am curious about the grounds for the breathalyzer and if it was in fact irrelevant to my case considering the speeding ticket was from a week prior to my hearing.

Attorney answers (1)

  1. Stephen D Aarons

    Contributor Level 16

    Answered . You can be held in contempt of court for showing up intoxicated. However 0.0057 is less than one-fourth of a beer, one fourth of a glass of wine. It could be explained by drinking a day earlier or even mouthwash. You need to be somewhere between a 0.04 and the legal limit of 0.08 before you can be considered intoxicated. Also no one ordered you to have no alcohol the day before. It is irrelevant to your speeding ticked and irrelevant to your court appearance since you were not under the influence with these trace amounts.

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