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I got charged with a DUI with a BAC of 0.068. What are my chances of a plea bargain? Or a dismissal?

Bremerton, WA |

I was initially pulled over for a brake light that was not working. I then performed the FST and PBT and was very cooperative. They took me to the station and performed the official breath test and I blew 0.070 and 0.068. This was my first DUI and I've never even had a traffic violation such as speeding.

Attorney Answers 4


  1. The answer to your question often depends on whether there are priors and the strngth of defenses. With a .06, you are below the legal limit which dramatically improves the chances for a resolution without a DWI offense appearing on your record. However, you must act swiftly and should consult with a lawyer in your case. In many states, the license revocation is a separate matter and can have dramatic legal consequences.


  2. Doesn't it just get to you being stop for a brake light? I know exactly the many ways light bulb malfunctions seem to be the magnet for any law enforcement officer nearby. But if your car breaks down in the middle of the night, down pouring rain, and wildlife noises seem to be around, not one, no, not one signal law enforcement officer within 16 miles.

    To answer to your question above: It is good. Very good. Of the following:
    1. You were cooperative to the officer.
    2. Your breath test was 0.070 & .0.068
    3. Your first DUI (and last); and never had a traffic violation

    Why:
    1. Law enforcement lives are always at risk and it is essential when we are stopped by law enforcement, even if we don't agree with the stop, that we remain respectful and polite.

    2. On administrative end- Breath test reading listed will not bring about a nightmare of dealing with DOL suspension.
    However on the criminal side of a DUI the prosecuting attorney even with a .07/ .06 reading can STILL proceed to prosecute you, accuse you of a DUI if in the Officer's opinion the Officer believed that you were still impaired.

    3. It is GREAT to have a clean record. It helps you. And I do hate to tell you this and I am sure you know what I am about to say- you need an attorney skilled in DUI Defense to achieve what you want and minimize the damage that has been presented to you.

    I would pick an attorney who is a member of the National College of DUI Defense, where you would receive the representation you need and not have an attorney who just settles or worst plea you guilty.


  3. The odds are decent, with the right lawyer. DUI can be proven even with a 'low' BAC reading. But it obviously creates an issue that your attorney can exploit to get you the best result possible. Identify your priorities (keeping your license, avoiding jail, keeping your record clean) and talk to a lawyer right away. Many offices, including mine, do a free consutation to get your questions answered.


  4. Depends on the court, the prosecutor and the facts of your case. In most cases the chances are pretty good.

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