Yes, unless you were using drugs and the D.A. can prove it with a blood test result or other reliable evidence.

Answer Applies to: California
Replied: 8/25/2011

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If a person blew a 0.05 and is over 21 years-old then he can beat the (b) part of the code section. However, depending on the facts he could still be found guilty of the (a) section of the code. The facts make the case. Contact an attorney for a consultation giving him all the facts.

Answer Applies to: California
Replied: 8/24/2011

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Under the right circumstances, you can beat a .15%, so you certainly can beat a .05%.

Answer Applies to: California
Replied: 8/23/2011

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Depends on your age. If you're under 21, then you can still be convicted under a separate 0.05 statute. Otherwise you have a great case, but you'll still need an attorney to negotiate for you.

Answer Applies to: California
Replied: 8/23/2011

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Yes it is very possible. A lot will depend upon your age and if you are over 21.

Answer Applies to: California
Replied: 8/23/2011

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Of course, as long as they are not claiming there were drugs in your system as well as the alcohol.

Answer Applies to: California
Replied: 8/23/2011

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Very likely and unless your behavior as related by the cops indicate clear evidence of the effect of the alcohol on you it is hard to imagine your being convicted under 23152(a), being under the influence.

Answer Applies to: California
Replied: 8/23/2011

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Depending on a few other facts, but probably with a good attorney.

Answer Applies to: California
Replied: 8/23/2011

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Yes. Unless you are under 21 or a commercial (class A) license holder or your driving was so egregious to warrant a finding of guilt under the (a) count.

Answer Applies to: California
Replied: 8/23/2011

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Yes, it is possible. If you are over 21 years of age and, other than the BAC of 0.05 there were no other evidence of impairment. However, having said that, BAC is only one measurement of impairment. Additionally, individuals who refused to be tested still have been convicted of a DUI. As with many questions, it all depends on the other facts.

Answer Applies to: California
Replied: 8/23/2011

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Depends what the cop says. If it is just a .05 you are fine unless he also says you couldn't pass the sobriety tests and so he believed you were also doing drugs. Did you take the urine or blood tests as those show whether you have drugs in your system. The breath test doesn't which allows them to make up these "I think he was under the influence of drugs as well as booze" stories.

Answer Applies to: California
Replied: 8/23/2011

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If you are over 21 then it's likely. If your underage, then you are over the legal limit for your age.

Answer Applies to: California
Replied: 8/23/2011

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Yes.

Answer Applies to: California
Replied: 8/23/2011

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The tested BA level has little to do with the basic DUI with which you were charged. You were not charged with the additional penal code violation of over .08 BA. The officers testimony about your observed driving and condition will be the basis of prosecution in your case. Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be. Keep in mind a little free advice: When charged or arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does.

Answer Applies to: California
Replied: 8/23/2011

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If you are over 21, then the DA or CA will only be able to charge you with 23152(a) and have to prove that you were impaired. It makes their case A LOT harder but not impossible. Unfortunately, without seeing what evidence they have against you, it would be hard for any one to say whether or not you can "beat" the DUI. It is very likely that you were not guilty of the crime but, again, a review of the evidence would be necessary in order to make that determination.

Answer Applies to: California
Replied: 8/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.