What is the name of your state?
California - Los Angeles County
About 3 weeks ago I was pulled over for a dui. I had a couple drinks throughout the night but by my definition I was COMPLETELY fine to drive. It had been about 2 hours since my last drink and I was in no way feeling any effects of alcohol.
Well, my luck have it, I was pulled over for "weaving," which I absolutely was not, but that's a different story. "Passed" all the field sobriety tests (I freaking stood on one leg for 30 seconds without so much as even swaying), but the officer still suggested I "submit to a chemical test." I opted to do a breath test at the station because I know the ones they have in their car are not accurate. We got to the station and before they were going to breathalyze me, I burped. Not intentionally, it just happened. The cop got extremely pissed off (I know why, because if someone burps or anything like that you have to wait 15 min. before administering the test), and said "that's it, you're taking a blood test."
Went down to the hospital where they drew blood. This was 2 hours after being pulled over. I still haven't received my BAC results, but I'm almost positive it will be at .04 or under. I have been so freaked out about this whole situation, that I went and bought myself my own breathalyzer and "re-created" the events from that night. Meaning, I drank exactly what I did on that night and then breathalyzed myself. I tested myself at the time I would have been pulled over and it came back at .04.....so, since my blood was drawn 2 hours after being pulled over, I'm pretty sure my BAC is going to be around .01 or so.
Can I still be prosecuted for this? I've had dui run ins before - last time (case was dismissed) the officer compltely lied about everything. I was able to get off because there was video in his squad car, thank goodness, but now I know cops are not afraid to lie. I'm scared the officer is going to lie in his report and say that I wasn't capable of operating a vehicle, that I failed all my field sobriety tests, that I was stumbling, slurrying, had blood shot eyes, etc. I can just see it now, which is why I'm scared the courts will still try to get me, even if my BAC comes back very low.
What are the odds of being prosecuted for a .04 or less BAC?