Can I legally be charged with a DUI or OWI when I passed the field sobriety and only blew a .029?
466405
Since you had a lot of clearly drunk people in your vehicle, the police officer had reason to arrest you while performing the test. However, once you passed the test it would seem the officer would need something more to take you to jail. But he didn't - so what legal action could you possibly take, since nothing unreasonable happened to you except that you decided to walk home?
855377
Contact the court.  If you completed the program and got a good evaluation the DUI is supposed to go away as I understand it.  If you do nothing it should be there for all to see.  You can pay an attorney a small fee and have him make the contact and file a brief requesting dismissal of the "conviction."   You cannot move the matter to GA.  \n   Question:  Why in the world did you not complete and wrap up this important matter?
88082
Every state has different laws.  Most states require a showing of intoxication or impairment on drugs.  The .08 standard is only a "per se" level for alcohol, meaning that it is illegal regardless of the level of intoxication.  (Most people do not show obvious signs of intoxication at .08, but it is illegal to have a BAC in excess of .08 because the legislature says it's the law.)  Prosecutors often times can pursue charges below .08 if there are signs of intoxication or impairment.\n\nA few states have adopted "per se" limits for illegal substances.  Michigan, where I practice DUI defense, is among one of these states.  Here, the legislature has passed a law that "any amount" of a schedule 1 drug qualifies as drunk driving.  In Nevada (last I checked), the law said 3 ng/mL of THC.  Other states that have passed these types of laws have different levels, and other drugs have different cutoff levels.\n\nI would suggest you contact an attorney from the National College for DUI Defense in your state if you need help on this type of a charge.
603005
You would have to read the DUI statute for your state. Most statutes specify that in order for the stiffer penalties to be assessed, the suspect has to be convicted of DUI, not just arrested for it. \n\nOn a side note: What the hell are you doing with someone like that. He obviously didn't learn the first time and now wants to get pulled through the wind wing for refusing to get out of the car. Get a better BF and have a better life.
854499
Dude, you can SO beat that in court. I hope you plead innocent. Get a lawyer. If you can't afford one, ask for a jury trial. By that time, the prosecutor will get a hold of you and try to get you to take a plea agreement. Try to get them to plead it down to a lesser charge (I dont know what that would be) and to have the record SEALED IMMEDIATELY. That means if a future employer looks at your criminal history, this offense won't show up. IF you can do that, then who cares if you get convicted or not? The fine will be minimal and you won't be serving any jail time. If you can't do that, go to trial. \n\nResearch this online more, but basically, they have no case whatsoever if they CANT proved that you were intoxicated. The burden of proof is on THEM, not you.\n\nNow..They COULD tag you with underage drinking if you are under 21, keep that in mind and plan you strategy accordingly
909797
Convicted of DUI earlier this year.  NC, Wake county, first offense, 30-45 days suspended sentence and a year probation.  Substance abuse counseling before i can get my license back.  If you're lucky you wont have to see your car.  Dont get Caught.
873839
Yes, but it's not called either DUI or OUIL.  The old law was OUIL, but since September 2003, it is now properly called an "OWI," meaning "operating while intoxicated."\n\nAn OWI is a misdemeanor unless charged as a third offense within 10 years, in which case it's a felony.  \n\nAn OWI carries:\n--30 days suspended license/150 days restricted license (automatic), plus $125 reinstatement fee\n--Up to 93 days in jail\n--Fines of at least $100 up to $500, plus court costs\n--Probation up to 2 years\n--Up to 360 hours community service\n--$1,000.00 "driver responsibility fee" to secretary of state for two years\n\nThe "lesser offense" of OWVI (operating while visibly impaired) is also a misdemeanor and is also considered a "drunk driving" charge.  The penalties for OWVI are:\n--90 days restricted license (automatic)\n--Up to 93 days in jail\n--Fines of up to $300, plus court costs\n--Probation up to 2 years\n--Up to 360 hours community service\n--$500.00 "driver responsibility fee" to secretary of state for two years\n\nFor more information, visit http://www.owidefenselaw.com/laws/first_offense_michigan_dui.html\n\nWilliam Maze
1170883
I had a similar problem in 1992.  I had a license and I had a couple of unexplained siezures.  My license was suspended.  I ended up have every test known to man to try to figure out what was wrong with me.  Finally, the diagnosed me with Complex Partial Siezure Disorder and got it under control with medication.\n\nI had to jump through hoops to get my license back.  I had to go through an appeals process and I ended up in the same office as people convicted of multiple DUI's.  I eventually had to hire an attorney to get my license back.  He didn't charge me much.  Basically, he sent a bunch of letters and appeared with me at the DMV appeal.  The attorney really knew the ins and outs of the system.  He was actually quit happy to be handling a non DUI case for once.\n\nBest of luck to you.  I hope it works out.
516619
You will have to get the charges expunged to be free of this in the future also. This is a part of the computer age, with credit checks and criminal background checks. People discriminate legally all over the United States with this process. One with a felony drunk driving may have a 10% chance of being employed for getting drunk. I personally don't believe in drunk driving, but some of the States are punishing people into poverty. This also another way to control, and remove Americans from the voting process. Your going to have to live with your own choices I am afraid, and remember there really is no forgiving and forgetting after a conviction nowadays.
1099194
DUI you have blown the legal limit DWI you were driving under the influence but not wasted that's my guess.
539898
Well your first offence will have expired by now, so you wont get more than a few points and maybe a fine.\n\nYou should stop drinking and driving though for your own and the publics sake.
1106821
These are drunk driving laws:\n\nhttp://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0322/Sec2615.HTM\n\nhttp://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=322.64&URL=CH0322/Sec64.HTM\n\nIf you (or someone you know) is dealing with a DUI charge, you might want to take a look at the State of Florida website section on the offense:\nhttp://www.stateofflorida.com/Portal/DesktopDefault.aspx?tabid=209\n\nHope this helps!
110970
No. An officer has to physically see you holding it/drinking it in order to charge you.
217088
If I understand your question, it's why you lost your license and how can you get it back.  My best advice is to ignore every other comment in response to your question and read only this one response.  You were revoked because of a quirk under Illinois law that treats a first time offense as a slap on the wrist so long as it's an in-state conviction, but treats an out-of-state conviction as if it were a second offense under Illinois law.  It's bizarre, stupid, and probably unconstitutional, but that doesn't help you.  \n\nThe best attorney to contact in your state is Don Ramsell.  Tell him William Maze sent you.  His number is  1-800-DIAL-DUI (ext. 630).  You can review this article that explains what happened to you:  http://www.dialdui.com/CM/Articles/Articles15.asp  \n\nAnd as to all the blue-noses that are throwing criticism at you, they’re probably not even legal to drink yet, all members of SADD, all living off mommy and daddy while they wait to get into UofM, and I hope they all live in Michigan and need to call me after they’ve turned 21.  And if I haven’t made the audience madd enough yet, read these articles:  http://www.alcoholfacts.org/  The truth hurts.  And, yes, I take great pride in being abrasive, nasty, and right.  \n\nWilliam Maze\n\nhttp://www.owidefenselaw.com
243100
NO! It is not legal.....Is that what they told you when they fired you?? Go to your superior and ask if this is really true? They cannot legally fire you for that. I don't know of any employer in the U.S.A. that does not do a criminal check on prospective employees. Your DUI would have shown up at that time.\n\nYou have not been told the truth. This is very strange and you should take it further. It's not right.
929115
In today's climate 2 DUIs are definitely not good at all. Get a good lawyer to work with the DA and get into outpatient substance abuse counseling. You can probably get off with probation and continued counseling. I wish you luck whatever happens. One last word: If drinking is causing you problems, you might have a problem with drinking.
826557
If it were anything other than an accident (speeding, under the influence, you drove into a brick wall on purpose, etc) the chances are very good that you would be charged.  The exact charges would depend on the circumstances.\n\nAre you planning something?