Can I beat a DUI in court if I blew a 0.05?
Can I beat a DUI in court if I blew a 0.05?
Answered By: Reeves Law Firm, P.C.
It depends on other factors but the odds of winning went way up. A BAC of .08 is statutorily drunk, and therefore it is the only thing the State has to prove. If you are under .08 BAC, the state earns extra obligation to show that you lacked use of your usual faculties (your driving ability was diminished) and the diminished capacity is the result of the introduction of alcohol or an intoxicating substance. Accordingly, without knowing more details, I would say my initial opinion is that the video of the FST will be the deciding factor.
Answer Applies to: Texas
Replied: 8/26/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 8/26/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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