I was recently charged with a DUI general impairment, reckless driving, and careless driving. I was/is involved in an accident which everyone was fine and everyone refused medical treatment. When I went to my preliminary hearing I found out my BAC was 0.076. How can I still get a DUI with my BAC under the legal limit?
You misunderstand something. The blood alcohol content is a guide and once a certain threshold is reached, you are presumed to be unable to operate a motor vehicle under the law.
However, there are may factors that could lead to impairment. You could have had one beer and taken some medication that, in combination, make you impaired. Also, some people (like my wife) are lightweights and anything more than one drink and they're loopy, even though they would blow low.
Get a lawyer. NOW.
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You may be found guilty even without a blood test. Relation back testimony is important.
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You can be charged. .08 is an automatic DUI. Anything less is discretionary and based on the officer's observations of you. It definitely helps that you are under .08 and some judge absolutely will not convict if the level is below if there are little or no other indications of intoxication. There are many issues that have to be addressed, such as were field tests given, how did the accident happen, etc, so it is wise to retain an experienced attorney asap. Most attorneys, including myself, give free consultations, either over the phone, in person, or both. Start calling around and asking questions because this is a very important decision that you have to make. Good luck
The information contained in this forum is intended to be for informational purposes only. No legal advice is being given, and no attorney-client relationship is intended to be created by reading this answer. If you are facing legal issues, you should seek immediate, professional legal advice from an experienced, local criminal defense attorney. Most attorneys, like myself, will give you a free consultation to discuss your matter, either over the phone, or in person.
Yes, you can be prosecuted for Sui with a blood-alcohol level of .076 . At trial, the commonwealth has to prove beyond a reasonable doubt that you were incapable of safe driving. Because you BAC is below .08, there is no presumption that you were incapable of safe driving. The question is how did the accident happen. If it was speeding, you have to argue to the judge that , although you were speeding, that does not mean you were under the influence of alcohol to the extent you were incapable of safe driving.
There are no minimum alcohol levels required to prove general impairment for an adult under .08 in Pennsylvania. That being said, the prosecution may not be able to convince a judge, or a jury (depending upon the grading of the offense) of guilt beyond a reasonable doubt. Review the evidence with an experienced DUI defense attorney. The attorney can review witness statements, police reports, and field sobriety testing, If necessary, an attorney can consult with a toxicologist familiar with the way your BAC was measured (to look for margin of error issues).
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Most states have 2 kinds of DWI. The more commonly know is called per se DWI, in which it is illegal to drive with your BAC over a certain threshold. The other kind is a common law DWI in which it is illegal to drive a car while impaired. This is how people who refuse to blow get convicted of DWI. So even if your BAC is less than .08, which is good and bad for you, it doesn't mean you can't be convicted. They will rely on other indicia of intoxication. While the .07 is good that its less than .08, it also shows that you were indeed drinking that night and its close enough where a jury could find that your BAC was actually over it!
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