I was pulled over coming from a wedding in louisiana. The cop said he smelled alchahol on me. He then gave me a sobriety test and i past with flying colors. But they had to bring me in cause i had an attchement out for my arrest on traffic tickets. When they where booking me they made me take a breath test and i blew a .066 with in Louisiana the Legal limit is under .08. When i maid bail and was getting released i asked what i was getting charged for and the officer said traffic tickets and i asked about the DUI and he said that i blew under the limit and that it will probaly get thrown out. Is this correct? Can they convict me with a DUI when i past the sobriety test and the breath test? And should i get a lawyer?
Answer
The DA will review it to make the determination as what charges will be billed. It is not the amount of alcohol which determines whether or not you will be convicted of a DUI. The BAC is just a piece of the evidence. The BAC, field sobriety, circumstances surrounding the stop, etc will all go towards proving whether you were driving impaired. The charge is driving under the influence, not driving over the presumptive limit of .08.
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