Someone swerved and forced me off the road not far from my house and three police officers came and made sure i was alright but left before my tow truck showed up. When the tow truck showed up an hour later so did more police officers. Once these new officers got to the scene they did not believe my story and believed I was intoxicated and proceeded to give me a field sobriety test along with getting my BAC and from a breathalyser and blood. They said i blew a .151. My question is, whether i was intoxicated or not, shouldn't i have been let go since police said i was fine right after the small accident? Is there anything I can do to avoid a DUI sentence?
1 Answer from Attorneys
I assume you have an attorney; if so you should be asking him or her these questions. If you don't have one you should certainly get one. But to generally answer your question, depending on what you have been charged with, the government needs to establish either that you were impaired to the slightest degree by alcohol when you were driving or that your blood alcohol content was .08 or above within two hours of your driving. You also asked if there is anything you "can do to avoid a DUI sentence." No one can or should answer that question without meeting with you and learning more about your case and the particular circumstances. Feel free to contact me directly if you want to have a consultation.
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