Dwai
In the past I received a DUI my BAC was .09 today I recieved a ticket for a DWAI my BAC was.05 what am I to expect as far aas legal procedings and will I lose my license from this?
3 Answers from Attorneys
Re: Dwai
If the prior was within 5 years of this one, then you will lose your license. IF not, and you do not have 4 or more points, then you will not. A .05 is really low and you should get a lawyer so that you can make sure that you do not get a drinking and driving charge out of this case. We can often get it reduced to a reckless or better.
Re: Dwai
You face possible jail time, loss of all driving rights for one year and an interlock for two years. You should retain a DUI lawyer.
Re: Dwai
Your lawyer -- and you should get a lawyer -- could not, in my opinion, properly advise you of what to expect, based on the BAC alone. A BAC of .05 or less, which you report here, by itself gives rise to a presumption that you were NOT, in fact, impaired by alcohol to drive your car. Absent more evidence than that, a DA should dismiss the charge. The officer who stopped you would have to have more evidence for that charge to even begin to stick.
Good luck.
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