is it possible to be convicted for a dui for blowing a .06 bac?
Asked on 4/26/11, 12:23 pm
3 Answers from Attorneys
Scott Athen, Esquire
Law Offices of Scott C. Athen, P.C.
The short answer is yes, it is possible to be convicted for a DUI for blowing .06. The State would have to rely heavily on other factors, such as driving, field sobriety tests, etc.
Answered on 4/26/11, 12:26 pm
William Welch
William L. Welch, III Attorney
Driving under the influence is generally BAC of .08 or higher, and driving while impaired is .07 and lower. Mr. Athen is right that the BAC is one factor. For instance, if a person cannot stand up, vomits on the cop's shoes, smells of alcohol, and blows a .06, then he or she might still be convicted of dui.
Answered on 4/26/11, 1:59 pm
Jason Cleckner
Law Office of Jason Cleckner, LLC
There is no presumption of impairment at .06 (as there is at .07), but it is theoretically possible. You need to get a good lawyer to ensure a conviction doesn't happen!
Answered on 4/28/11, 4:38 pm