question about california dui law?
by admin on Thursday, March 4th, 2010 | 2 Comments
Here’s the situation. I was pulled over for a DUI. When the officer pulled me over and gave me a breathalyzer test at his car I blew .08 and that is what was written on the citation. When I got to the police station I was given another test and blew a .11 which is signifigantly higher. My question is, when I go to court, will I be charged with the BAC that was written on the ticket (.08) or the .11 I blew at the station?
.11 the breathalyzer in the car is not nearly as accurate as the machine at the station. You will be charged with a .11 either way its over the legal limit in the state of california. Get a good lawyer and try to get it reduced to misdemeanor Wet and Reckless
You will be charged with the .11, however once your BAC is over .08 your legally drunk so it really has no bearing weather it was .08 or .11. Once you reach .17 however, it becomes an additional charge. (In Ohio anyway: BAC Over .17)
What probably happened was you were on your way up when he tested you with the PBT (portable breath tester)
Some time then passed and you blew in the breathalyzer.