Got a Quick Question?

(120 characters remaining)
100% Anonymous. Free Answers.

Can I fight a DUI charge if I know I was under the legal limit?

I invested in a personal breathalyzer a few months ago and have been using it one just about every drinking occasion. To my knowledge, and by the guarantee on the packaging, its 100% accurate. Now I was out the other night, having a beer with some friends after work and I was my own driver that evening. I'm not fool, I know driving while intoxicated is not only illegal, but deadly. I only had 2 beers that evening, and breathalyzed myself before leaving the bar.
I was under the legal limit, and felt I could drive home. Heading home, I was pulled over in a speed trap. I assume the officer smelled alcohol on my breath and subjugated me to a field test. I have no balance, and there for failed the test. The officer on that note, assumed me impaired, and issued me a DUI. Now I know, due to my breathalyzer, that I was under legal limit, and very capable of driving myself home. Can I fight this in a court of law or is it a lost cause?

Click here to get answers from a local criminal defense attorney
    Kate L. Mesic | Law Offices of Kate Mesic, PA
    1912 Hamilton Street, Suite 204
    Jacksonville, FL 32210
    (904) 388-4030
    In Florida, the State can prove a DUI charge in 1 of 2 ways. The first is if your breath/blood alcohol level is above 0.08. In your scenario, you did not indicated if you took the actual breath test or if you refused. That is a whole another issue. As to your question about the Field Sobriety Exercises, the State can prove a DUI also by showing that your normal faculties were impaired, i.e. your ability to walk, talk, perform the everyday tasks. I would suggest you consult with a DUI attorney in your county and have your case evaluated.
    Answer Applies to: Florida - Replied: 4/11/2013
    Lawrence Lewis, PC | Lawrence Lewis
    242 Culver Street, Suite103
    Lawrenceville, GA 30045
    (678) 407-9300
    You can always fight.
    Answer Applies to: Georgia - Replied: 4/8/2013
Click to View More Answers:
Can't find the question you're looking for? Ask it?
Need personalized legal advice right now? Connect!

Disclaimer: The responses above do not form an attorney-client relationship. These answers may or may not apply to you and should not be relied upon as legal advice. Total Criminal Defense does not make any representation as to the expertise or qualifications of this attorney. These attorneys may or may not be admitted to state bar of your state.

Disclaimer: The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or should be formed by use of the site. The attorney listings on the site are paid attorney advertisements. Your access of/to and use of this site is subject to additional Supplemental Terms.