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Bouldin Law Firm
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What If I Blow Under on DUI?

If you submit to the intoxilyzer/breathalyzer you have already given evidence to the prosecution of your level of impairment.  In Kentucky, if the breathalyzer result is over .08 BAC then you can be found guilty of DUI, regardless of your driving or field sobriety tests.  .08 is considered a prohibitive amount of alcohol in your blood to operate a motor vehicle. If you blow under a .08, that is not a guarantee that you cannot be convicted of DUI.  It does lessen the likelihood of a conviction, but the Commonwealth may continue to pursue under the theory of drugs and/or alcohol leading to impairment or simply operating a motor vehicle while under the influence of alcohol.  Everyone knows people who are "impaired" after only one or two drinks, regardless of their relatively low blood alcohol content.  Those people can still be convicted as driving while impaired.  You may also know individuals that do not appear impaired even though they drink a case of beer.  Those individuals may be convicted of driving with a prohibitive blood alcohol concentration. If you have been charged with DUI, it is highly advisable to hire an attorney, regardless of your breathalyzer result.  If you blow under the legal limit, the attorney can utilize that to show lack of impairment as well as try to negotiate or litigate your case for an acceptable resolution. As an aside, many people confuse the high tier limit of .15 (.17 in Ohio) with the DUI limit of .08 (both Ky and Oh).  The high tier limit generally means mandatory incarceration, possibly higher fines and longer suspensions.  Blowing under the high tier limit does not guarantee any particular resolution to your case. If you have been charged with DUI in Kentucky or OVI in Ohio, contact MICHAEL BOULDIN at [email protected] or call the office and schedule a consultation at 581-MIKE; 859-581-6453.

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