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  1. #1

    Default DUI With .078 on Official Breath Test

    My question involves criminal law for the state of: North Dakota

    I was pulled over on the air base for going 37 in a 30 (which used to be a 35, but was changed recently). They smelled alcohol, therefore started field testing. Because I am a civilian, they called the Sheriff's dept. He did the eye check and said he could tell I'd had some to drink, but didn't think I was too bad. The field breathalizer read .091. They took me to do the official test and it read .078. I don't have anything other than another minor speeding ticket, first DUI arrest. The sheriff told me they will most likely drop, at least to Reckless driving. I really hope this is the case. Opinions?

  2. #2
    Join Date
    Jan 2006
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    38,532

    Default Re: .078 on Official Breath Test in Nd

    Quote Quoting bubbley_frog
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    Opinions?
    don't trust what you were told and hire a lawyer.

  3. #3
    Join Date
    Sep 2005
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    98,846

    Default Re: DUI With .078 on Official Breath Test

    Plea bargain policies can be incredibly location-specific. In some states a charge that will be knocked down to a civil infraction in one county will land you in jail in another. In some jurisdiction, getting a low-BAC DUI reduced to reckless is quite common; in others they won't reduce a drunk driving charge as a matter of policy. Really, the only way to find out what's likely to happen is to consult a local criminal defense lawyer... or to go court and find out for yourself. (I would suggest the former approach, even if you ultimately decide you don't want to hire the lawyer.)

  4. #4
    Join Date
    Feb 2010
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    CT & IL
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    5,273

    Default Re: DUI With .078 on Official Breath Test

    Recommend jury trial ... juries understand 0.078 is less than 0.080 .. won't understand anything else if your attny can confuse them. "Confuse-A-Jury ; from those who brought you "Confuse-A-Cat"

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