My friends and I are going to gas station to simply get food. As I was pulling up to the parking spot I saw a police officer that pulled me over roughly 2 years ago so I told my friends. My friends have cups of alcohol in the car and we are all over 21 years old. We got out the car and got our food and as soon as we were going back to the car the officer confronted me. He told me that when we got out the car he told me my car smelled alcohol and he saw 2 red cups with alcohol. He asked me if I was drinking that night i told him no. He asked me to do the sobriety test, i agreed and in my assumptions I passed all of them but when i was doing it, it was in front of my car so i have no idea if it was recorded on his dash cam. He told me i have to do the breathalyzer and i refused and that’s when he charged me. Took me to the station and I took the breathalyzer and the results are 0.04 BAC. Should I contact the dmv and court for my hearing. He charged me with driving while impaired by alcohol and driving while under the influence of alcohol. He did not pull me over because I violated any traffic violations
The district court will notify you of your trial date.
At this point since you were under.08, the MVA should not be taking any action against you and the officer should have returned your license to you assuming there were no other outstanding issues with it.
Hire a lawyer. Good luck.
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You should consult with an attorney as soon as possible. The officer should have returned your license since you were below the legal limit. If not, you will have to file for a hearing. Contact an attorney to represent you since you have several potential defenses.
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This is a very triable case. I cannot believe a prosecutor would proceed with a .04 BAC, but arrogance knows know bounds. Hire a lawyer and do not risk doing this on your own. .04 is presumptively NOT DUI under the law. The officer may still testify that, in his opinion, you were impaired, but the BAC really undermines his credibility. I'd be interested as well in the dash cam and body cam videos, if any, or why there isn't any if they were present. Hire a lawyer. Don't roll over on this one.
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