I was in a one car accident and charged with dwabi/dwi no was hurt but me took blood 2 hrs an 45 min later no bac back yet, ive been waiting for 3 months. if my bac is .02 or .03 can da convict me based on time estimated 3 hrs prior. p.s failed field test but had two slipped disc in neck and back due to accident.
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worried cant sleep about dwi conviction
- Thread starter tenwhy
- Start date
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FlyingRon
Senior Member
You need to indicate your state. The forum inserts that for good reason.
Despite the fact that people call 0.08 the "legal limit" it is only the per se limit at which point they don't have to prove that you were intoxicated (you are assumed to be intoxicated at .08). You can still be found guilty if you are found to be intoxicated through other means: driving behavior, failed field sobriety tests, etc...
If you've actually been charged, you need a lawyer now.
For any more specific information we need to know your state.
Despite the fact that people call 0.08 the "legal limit" it is only the per se limit at which point they don't have to prove that you were intoxicated (you are assumed to be intoxicated at .08). You can still be found guilty if you are found to be intoxicated through other means: driving behavior, failed field sobriety tests, etc...
If you've actually been charged, you need a lawyer now.
For any more specific information we need to know your state.
The state is needed. As Ron pointed out, the .08 is the per se limit and your BAC does not have to meet that to be charge or convicted.
The particular answer will depend on your state, but most have allowed the prosecutor to present evidence through expert testimony that the body metabolizes alcohol at approximately .015 per hour. Therefore the argument may be made that a .03 bac could be approximately .06 when taken three hours later.
The particular answer will depend on your state, but most have allowed the prosecutor to present evidence through expert testimony that the body metabolizes alcohol at approximately .015 per hour. Therefore the argument may be made that a .03 bac could be approximately .06 when taken three hours later.
I have a lawyer but he is not good about answering my questions, i often feel rushed when i try to talk to him about my situation. My licence has not been suspended due to having a good lawyer, and he keeps telling me not to worry. It just seems like i've been waiting a long time for results to come back. plus i worked a double shift the day of accident.
HighwayMan
Super Secret Senior Member
No, your license has not been suspended because you didn't get convicted yet and didn't refuse a chemical test, apparently. No one in your position would have their license suspended. Don't give your attorney credit for that.
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