DUI/DWI charge with a BAC of .03
I was charged in Maryland with DUI/DWI with a BAC of .03. Officer claims I cut him off coming out of night club, he was coming up on blind rise. Witness say it was not nearly so bad, he had plenty of time to slow down. However he had me take FST and field breath analyzer. Put arms out during balance exercises, did not know to keep them down. Handheld was not working properly (he claimed it was cold). Booked and blew .03 in station. Was allowed to return to my car (via a cab) and drive home. I have two priors one in 1985 (PBJ), and one in 1986. Does this happen often, being charged with a BAC of only .03? I drank only occasionally (since 1986), never over .05 by the chart. Since I have priors, do I have the right to request a jury trial?
2 Answers from Attorneys
Re: DUI/DWI charge with a BAC of .03
Yes, you have a right to a jury trial. However, you should discuss your case with a DWI lawyer, like myself, before going before a jury. Juries are very unsympathic to drinking and driving. I would go for a not guilty before a judge based on the officer not having probable cause to arrest you and give you the test in the first place.
Re: DUI/DWI charge with a BAC of .03
You certainly have a right to a jury trial. However, this can be expensive and may bring a result worse than with other options. You should contact an attorney for assistance. My rates are reasonable.
BAC is a misconceived concept. The law permits a conviction upon the officer's testimony alone. Field tests are devised to give the officer an opportunity to fail you. It is important that you receive representation.
Contact me should you desire my assistance.
Joe Holthaus
(410) 799-9002
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