Low BAC, Will I Get Charged With DUI?

Let’s say that you were pulled over for some reason, such as a moving violation or expired tags and soon after the officer started a conversation with you, he began to suspect that you had been drinking. He swears he smells alcohol on your breath, so he asks you to perform the field sobriety tests and take a breath test.

You say no to a breathalyzer test, but you’re willing to submit to a blood test. So, the officer takes you down to the station for a blood draw. The results came back at .07% BAC, which is below the legal limit.

The issue is that you had a wet reckless less than 10 years ago, which means it counts as a “priorable offense” for sentencing purposes. You read somewhere on the Internet that you should wait and see if the DA files charges. Is this true?

It’s Perilous to Wait

In Orange County, if you have a prior wet reckless, you can expect the prosecutor to go after you for a second DUI, even though your BAC was below the .08% legal limit. That’s because under Vehicle Code Section 23152(a), the law does not require a .08% BAC or higher.

All the prosecution has to do is prove that the driver was impaired. If you’re on the fence about hiring an attorney, understand that you need one. There is no point in waiting to hire a lawyer as that can be perilous.

The best way to get your money’s worth is to hire a lawyer that can handle the court case and the DMV hearing that will address the suspension of your driver’s license. If you get an attorney from our firm working with you early, we may be able to influence how the prosecution proceeds.

In low BAC cases, we can often prevent the prosecutor from filing formal charges in the first place, proving that early intervention by can make a huge impact on the outcome of a DUI case.

Contact the Law Offices of Virginia L. Landry, Inc. for a free case evaluation!

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