Assuming all other details are valid for cop to stop What are the 2012 stats on cases dismissed with BAC b/w 0.08 and 0.09?
I don't know the particular statistics for dismissals for this type of case in Houston, but it is definitely a case in which you need to consult an attorney. Being that close to the "per-se" legal limit, lots of factors come into play. One of the most important is where you were on the blood alcohol curve. More specifically, was your blood alcohol on the rise, peaking, or in the elimination phase when you provided a sample. If you were in the absorption phase on the blood alcohol curve (that is, if your blood alcohol level was still rising because you had just recently stopped drinking when you were stopped), it is likely that the actual blood-alcohol level was below .08 AT THE TIME OF DRIVING. The state has to prove that you were impaired WHILE operating the vehicle, as opposed to 1 or 2 hours later. The accuracy, rate-of-error, and whether or not the tests were correctly administered can also become a factor in this type of situation. Whether or not there is a video and how you appear on the video (if there is one) will also be very important. If you appear to have the NORMAL use of your mental and physical faculties, this will be very powerful in arguing that you were not legally intoxicated at the time of driving. So to summarize, there are several factors that will come into play in a case like yours, and it is important that each and every of these be examined. Contact a qualified DWI attorney as soon as possible to discuss your case, and review each and every fact that pertains to your case.
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