arrested after accident

[hanknows]

New York
My cousin was arrested for DUI after an auto accident. No injuries. Officer at scene smelled alcohol and administered FST. Cousin thinks he did well however was not told his FST performance and was told he failed the field breathalyser, was then arrested and taken to the police station where he blew a .035% BAC (he is not a minor) and was later released without bail. We just retained him an attorney.

What is the likelihood of a DUI conviction given the conditions?

If he is found not guilty of a DUI charge, will one remain on his criminal/driving record?

 

[BigMistakeFl]

BigMistakeFl

I'd hire a lawyer, which will cost, and fight the charge. Be advised, however, that there have been successful prosecutions of DUI with BAC below the so-called "legal limit".

 

[BL]

New York
My cousin was arrested for DUI after an auto accident. No injuries. Officer at scene smelled alcohol and administered FST. Cousin thinks he did well however was not told his FST performance and was told he failed the field breathalyser, was then arrested and taken to the police station where he blew a .035% BAC (he is not a minor) and was later released without bail. We just retained him an attorney.

What is the likelihood of a DUI conviction given the conditions?

It depends on the defence and the county he was arrested in .

If he is found not guilty of a DUI charge, will one remain on his criminal/driving record?

Yes .