DWAI in Larimer, I stiil don't believe my result.
I had 3, maybe 3.5 beers, in 4 hours and my blood alcohol result shows .058! I am literally stunned. I was thinking at most I would be .04. This is my first offense and I have a spotless record. I don't want anything like this on my record, what do I do? Will I be offered a plea for a non-alcohol violation? Should I get a lawyer? I have no money so if I can get this dropped without a lawyer I would be exstatic. Opinions please!
2 Answers from Attorneys
Re: DWAI in Larimer, I stiil don't believe my result.
Even if you weigh as much as 240 pounds, three beers can put you over .05 BAL.
You can always go to your arraignment without a lawyer and ask if the DA will give you a non-alcohol, but you shouldn't hold your breath (unless you took a drink before the arraignment).
If you don't get the deal you want, plead not guilty and ask for time to get a lawyer. Then get one.
Re: DWAI in Larimer, I stiil don't believe my result.
Blood tends to be correct, but can be challenged. Even if .058, you can argue that it did not affect your driving.
Ask DA for offer at first appearance and see. It may be a deferred sentence with classes, but I agree that at worst it should be a non-alcohol offer.
As to this being your actual BAC, depending on size and weight, alcohol will distribute differently. You know that. But, if you eat lots of protein or certain other foods, this will slow down absorption and prolong the time alcohol is in your blood.
Also, it depends on when you drank. Contamination could have happened or some other problem with the blood draw. Lots of issues.
IF this was a breath test (does not seem so), then the amount of error is infinite.
I get to Larimer often, so consider me.