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

Asked almost 2 years 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. 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.

Related Topics

Criminal defense

Criminal law establishes the classifications of crimes, how guilt or innocence is determined, and the types of punishment or rehabilitation that may be imposed.

Criminal court

A criminal court tries only criminal offenses, such as theft, assault and battery, or drug possession. Civil courts handle civil cases, such as lawsuits.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

34,272 answers this week

3,757 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

34,272 answers this week

3,757 attorneys answering