Skip to main content

Will my DUI case dismissed- BAC far less than 0.08. Blood test result will come several weeks later.

San Mateo, CA |

While driving highway, my car started smoking, I was panicked as at that time my phone was dead. It was night time and I was scared. I was driving the fastest lane, but carefully stopped the car when there was no car by blinking and parked on the side--1/5 of right side of the car was in the lane. I run across the highway when no car, and got out of fence and asked for help on the street. Some kind person let me use his phone and I called AAA. When AAA came, I went back to highway, and there were CHP . I got arrested for DUI as I couldn't blow breath test well, and CHP thought I declined the test, believed I was DUI. However I only had one glass of wine a couple hours before. I got blood test at the station. No one will above the illegal level of BAC 0.08 with just a glass of wine.

Attorney Answers 4


In California, you can be charged with a DUI even if your BAC was below a .08 per VC 23152(a). It is possible to get a DUI even with no alcohol in your system, based on drugs or even prescribed medication.

That being said, there is no bad driving observed, which is good. Did the officer have you perform Field sobriety tests other than attempting the preliminary alcohol screening test?

If you are over 21, not on probation, had no drugs in your system, and your BAC is extremely low (ie. .02 or .03...), then probably unlikely that charges will be pressed, particularly where there was no driving observed by anyone. That being said, I would recommend that you contact a DUI attorney or two about your case to discuss further.

Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm.

Mark as helpful

13 lawyers agree


You need to hire an experienced DUI attorney. That person may be able to get your case dismissed or get you acquitted at trial. He will obtain the offense report, blood labs, videos, and any other evidence in your case. He will then review them with you and discuss the strengths and weaknesses of your case as well as possible outcomes.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at for more information about her services and recent victories.

Mark as helpful

6 lawyers agree


Generally, in cases where the BAC is less than .08, the District Attorney will consider the totality of all the circumstances when deciding to file DUI charges. Such circumstances considered are the nature of observed driving, performance on field sobriety tests, and overall appearance of sobriety. VC Section 23152(a) does not require a BAC over .08. That said, cases where the BAC is lower than .08 are considered weak cases for the District Attorney. Please call me at (415) 293-8454 to discuss your case.

Mark as helpful

6 lawyers agree


Your question is kind of all over the place. Its not clear what your BAC was (you said it will come back several weeks later). There is no actual evidence of driving so that is good. The only possibility is that the officer smelled alcohol on your breath but again, we don't know anything from the arrest report. All in all, this seems like a weak case but you need to hire a DUI attorney to evaluate everything with you.

Because every legal situation is different and depends on many factors, the responses provided at this site are not and are not intended to be, legal advice or a guarantee of the outcome of your matter. Likewise, it is not intended to create an attorney-client relationship. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. However, contacting us does not create an attorney-client relationship. Such a relationship is only created when our firm and any potential client agree upon and enter into a written retainer agreement.

Mark as helpful

3 lawyers agree

Criminal defense topics

Recommended articles about Criminal defense

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics