I was involved in motorcycle accident involving a deer. I was knocked out and taken to the hospital. The officer had taken blood for alcohol. The test came back at .062. I was given a citation for failure to have my bike under control. Can i still receive a citation for under the influence ? And normally if you hit a deer,I have never heard of getting a citation for hitting a deer???
The failure to maintain control citation is likely defensible on the facts you recite, since, as you note, sometimes an accident is just an accident. If you do not have any prior OWI convictions, are of legal drinking age, and were not on duty time with respect to the operation of a commercial motor vehicle, the .062 result will not support a prohibited alcohol concentration charge, and while it is relevant evidence of possible impairment, it is not prima facie proof of same. Pleading guilty to the FVC charge won't preclude them from issuing an OWI citation if they think there are grounds. On the other hand, if they learn something they don't already know at the trial on the FVC charge, they are free to use it to support an OWI charge. You should consult an experienced OWI defense attorney in your area, and stop posting details in this public forum. Good luck.
This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.
Brain Injury Lawyer
You need to consult with an attorney. Charges for driving under the influence are serious.