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I blew a 0.08 on a breathalyzer but wasn't arrested for dui.

Waianae, HI |

I was coming home late one morning and I was pulled over for swerving. The officer stated that I was suspected of drunk driving and had me do the field sobriety test and breathalyzer. The field tests were inconclusive because of the terrain and so I took the breathalyzer test. I blew a 0.08. The sergeant then told me that I would only be charged with a citation for swerving on the road and I was told to park my car on the side of the road and have someone come get me at the scene. I was then told to sober up until I was okay to drive, then instructed to drive home after.
What happened? I only received a citation for swerving with no mention of BAC or failing a field test. But the officer took my license. He may have forgotten to return it. Even so, why have me drive home later without it?

Attorney Answers 3


  1. Consider yourself extremely lucky. The legal limit in every state for a DUI charge is a BAC of 0.08. Pay the traffic ticket and buy a lottery ticket while you are on this lucky streak.

    I am licensed to practice criminal and DUI law in VA, not HI. As such, I may be unaware of certain state laws; and therefore, my response may be incorrect or inappropriate. Please use my response for informational purposes only and contact a local attorney for legal advice.

    Good luck.

    Be sure to mark the "Best Answer" or Helpful" to your questions. Attorneys on AVVO donate their time and your feedback is appreciated.

    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.


  2. I agree it looks like you received a lucky break. Take advantage of it and don't do it again. The only concern I see is the police taking your license. Hopefully you get lucky there too and they give it back. Good luck.


  3. Mahalo! I agree with everyone - it seems like you caught a lucky break. Because they actually told you that they were letting you go, and then released you to drive home later on, it is highly doubtful that they will turn around and attempt to file a DUI case. You got lucky.

    Since they told you to drive home once you sobered up, I bet they simply forgot to return your license. That said, good luck getting it back from the PD. It is probably lost by now. You might have to get a new one. Good luck.

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