DUI even though my blood alcohol level was under .08
Question: I was pulled over in Studio City, CA for DUI. cop said he smelled alcohol and performed a field sobriety test on me. I did well, as I did not feel that I was impaired. After that he breathalyzed me and did not tell me what I blew and shortly after told me I was under arrest. Then breathalyzed me at the station and I blew a .08 and a .07. How come I am being charged with DUI? I felt fine?!?
Answer: It depends on the county and court involved, but these cases generally get filed. You should consult with a DUI attorney in your area. It is likely that the police report will say you did not perform the field sobriety tests well (even if you did do them well). Even if your BAC level was under a .08, you can still be convicted for a DUI under VC 23152(a). These cases should be fought, thus the reason for contacting a DUI attorney.
DUI & Criminal Defense Lawyer