got pulled over no license, IID not installed , no insurance and speeding and charged with DUI,
I failed the field test cause I was so stressed out cause I knew I was in trouble for driving without a license and other infractions, I took all his test and blew 0.05 the officer didn't like that he said I must be on something then, so he called in another officer to do a drug recognition test, I admit that I had one beer hours ago to explain the 0.05
I gave a urine test for drugs that will come back clean , I failed some of his tests too cause my nerves were racked cause I knew I was in trouble for the other driving violations I didn't think they were going to stick me with the dui after I blew, what are my chances of winning the DUI if I take it to trial. I know I'm screwed for the other stuff , I want to fight the DUI cause I was not impaired , I was a mental wreck cause I knew I was in trouble just for being behind the wheel.
If you are under age 21 or were driving a commercial vehicle, a 0.05% BAC is sufficient to support a conviction for DUII.
Otherwise, the 0.08% standard creates what is called a legal presumption. Persons who provide a sample below that line can still be convicted of DUII if the prosecutor is able to prove beyond a reasonable doubt that the driver was “impaired” by alcohol. In my experience, it is much more difficult for a prosecutor to get a conviction for DUII for under 0.08%, but far from impossible.
You should consult with a lawyer, and probably should hire one to represent you.
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