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Legal Question: Can You Get a DUI if You Blow Under the Limit?

Can I get a DUI if I “blew under” during a breathalyzer test at county jail?

The good news is that you blew into the machine and the BAC (blood alcohol result)result was under .08. The bad news is that you can still be charged with DUI. The prosecution might still try to convict you by proving that your driving was “appreciably affected” by alcohol and/or drugs. However, a conviction is much more difficult for the prosecution to secure when your BAC was below .08. I strongly suggest that you get a good attorney to represent you. A good lawyer has an excellent chance of negotiating a resolution to a lower charge, or perhaps an outright dismissal.

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