Can I get a DUI is I pass the breathalyzer but fail field test? - DUI Law Questions and Answers- LawQA.com

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Can I get a DUI is I pass the breathalyzer but fail field test?

I failed the field test, but passed the breathalyzer with a .05. Pulled over because I ran a red light (stupid mistake) and failed field test because I was so nervous. I still need to appear in court for driving under the influence, but since it was only .05 is anything going to happen? Also passenger was drunk and it was 3 am so I think that's why they made me do field test.

Answer By Thomas C Phipps

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If there is enough evidence, the prosecuting attorney can file charges against you.

Answer Applies to: Missouri
Replied: 10/31/2013


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Even though your BAC was .05, you can still technically be charged with a DUI. I suggest that you hire an experienced criminal defense attorney to represent you and to try to either get the charges dropped or reduced.

Answer Applies to: California
Replied: 9/17/2013

Anderson Law Office
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You can be convicted of a DUI with a test under .08 but it makes it more difficult for the prosecution. You should contact an attorney in your area and go over the facts of the case.

Answer Applies to: Minnesota
Replied: 9/17/2013

Michael Breczinski
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Well in Michigan you could still face an impaired charge. Get a lawyer and fight the matter.

Answer Applies to: Michigan
Replied: 9/17/2013

Answer By Gregory Casale
Gregory Casale Attorney at Law
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The following applies in Massachusetts ONLY. You do not mention your age. If you are under 21 you cannot drink any amount of alcohol. If you are over 21, depending on the prosecutor, they may still proceed with the prosecution. The elements of OUI are: 1. Operation (where you the driver, legally) 2. Public Way (where you operating on a public roadway or on a place that the public has right of access or is invited to drive on); 3. .08% alcohol OR impaired operation (did you exceed .08% alcohol in your blood OR was your ability to operate a motor vehicle impaired by the use of alcohol). Number 3 is either or. You can drink and not be impaired. However, you can also pass the breath test and still be impaired. Hire a lawyer who like myself, handles a lot of DUI/OUI cases.

Answer Applies to: Massachusetts
Replied: 9/17/2013

Answer By Cynthia Henley
Cynthia Henley, Lawyer
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DUI is driving under the influence and that is for a person under 21. If you are under 21, then you are in violation of the law because it is against the law for someone under 21 to have ANY alcohol in their system and drive. ? If you are over 21, then they will be alleging DWI by combination of alcohol and drugs, and / or that you were .08 or higher at the time of the stop and it had been more than an hour since the stop when you took the BT and your level was going down. ? No matter the situation, you need to hire a good lawyer.

Answer Applies to: Texas
Replied: 9/17/2013

Answer By Jeff Yeh
Law Office of Jeff Yeh
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Yes you can, it's called VC 23152(a), which isn't BAC-specific.

Answer Applies to: California
Replied: 9/17/2013

Law Office of Brendan M. Kelly
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Get a lawyer, since I would doubt the police reports say you did well on the field sobriety test.

Answer Applies to: Nebraska
Replied: 9/17/2013

Natty Shafer Law
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It depends on the prosecutor. Some prosecutors will pursue the case, but others won't. Some juries might convict because you did run a red light and you did fail the sobriety tests, suggesting you were too drunk to drive. Other juries would see your point of view. Hire a good attorney and help that happen.

Answer Applies to: Utah
Replied: 9/17/2013


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You can still be found guilty of a DUI even with a BAC of 0.05, although the odds are in your favor. In Illinois, a DUI has been committed when you have consumed "any amount" of alcohol that renders you incapable of safely driving. Although 0.05 is below the amount where you would be presumed intoxicated, it is still some amount of alcohol and if the prosecution can prove that you were impaired you will be found guilty. You should hire an attorney to help you to defend this case.

Answer Applies to: Illinois
Replied: 9/17/2013

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