Legal Question in DUI Law in California
0.08 is there a case
Asked on 7/22/09, 2:16 am
1 Answer from Attorneys
Andrew Casanave
Andrew M. Casanave
If you retain defense counsel who truly understand drinking/driving cases, then there often is a case despite any blood-alcohol ratio.
To begin with, the testing was done on a machine. Every one of these machines has, by law, a permissable margin of error. In most states that margin is 0.01. This means that a reading of 0.08, even if everything is done perfectly, is really a statement that the reading is somewhere between 0.07 and 0.09.
There may be other defenses, many particular to one case and not another, that can only be recognized by a truly knowledgable drinking/driving lawyer. I strongly suggest that you retain one.
Answered on 7/22/09, 5:55 am
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