Did you blow a 0.5 or a 0.05? i doubt you blew a 0.5, because that would likely mean you died of alcohol poisoning. So I'm going to assume you blew a 0.05 for the remainder of my answer. The fact that your BAC is under 0.08 is a favorable fact in your case. However, in order to give you an opinion on the likelihood it will be dismissed, I would have to see the video myself and review the state's file. The video is important because even if you're under a 0.08, the state can still provide intoxication by showing the jury that you lacked the normal use of either your mental or physical faculties. How will they try and do this? The video. Another problem will be extrapolation. For example, if you blew a 0.05 several hours after the accident, the jury may infer that your BAC was higher at an earlier time. There are things a good defense attorney can do to prevent a jury or prosecutor from extrapolating in this manner, which is why you need a good attorney who practices DWI defense regularly, with a good track record of dismissals. But every case is different, and a lawyer's ability to get a dismissal or acquittal depends on the facts of your case, the court in which you land, the prosecutor who holds your file, and your attorney's reputation for being a fighter rather than a "plea" attorney.Ask a similar question
With a .05, you've definitely got a case that should be fought. Consult with a few locally experienced DUI attorneys and hire the one that is the best fit. Good luck.
Jasen NielsenAsk a similar question
See my answer to your previous question.
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