What happens when an officer write that your BAC level was 0.980 for a Dui Charge.
4 attorney answers
It depends on what the actual BAC was and if the result which is printed from the machine exists. It is certainly something that would need to be checked out and can potentially work in your favor.
Its possible, but not very likely. Instead, the court will normally allow a mistaken decimal point to be changed or amended before trial.
Most states make it illegal to drive with a blood alcohol level greater than .08%. Levels over .40% are commonly considered fatal, though hard-core alcoholics sometimes survive higher levels. A blood alcohol level of .980% would be enough to kill anybody... and the fact you're posting here is proof that your BAC wasn't that high!
(Wikipedia says the highest blood alcohol level ever recorded was .914%, when a man was admitted to a Bulgarian hospital with alcohol poisoning. The did several blood tests to confirm the results, because they didn't believe anyone could survive.)
However, police officers can make mistakes. If the officer wrote 0.980 instead of .098, that would be a relatively minor typo that he could correct in his testimony. However, your attorney could use this mistake to show the investigation was sloppy and call the officer's credibility into question, or use the error in negotiations with the prosecutor to get a reduced charge.
Bottom line: it's unlikely the case will be dismissed based on this error, but a good lawyer will use it to your advantage.
Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like Avvo, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.