A blood alcohol level at or above which a driver is automatically presumed to be impaired under law.
“can't look at anything that's in your system now if you choose a breath or a blood test you won't lose your license right away if it comes back under the legal limit so let's walk through like breath test versus blood test definitely um a lot of people get confused about the they call it the breath test or the intoxilizer people think that you've seen on videos and things where the cops come up to you they have like your little breathing thing and they blow into this that is not an intoxilyzer that is called a pbt or a preliminary breath test that is not admissible in court so if the cops shove something in your face and says your blow on this nothing that comes in from that is going to be an accurate reading and it's not something that they can use against you in court they're just trying to gauge whether or not you have been drinking if they get a positive hit on there and you see uh oh it shows that i'm above the legal limit you can then refuse and the courts are never going to be able to”
“use that against you the actual intoxilizer test is down at the police station so the cops will have to take you from your car to the police station where they do a very long process for the intoxilizer um what they do is they have like a 20 minute deprivation period meaning you have to sit there for 20 minutes not putting anything in your mouth not drinking or eating anything so that they get a clear read and then what they're going to do is have you breathe into it they're going to take a break and then they're going to have you breathe into it again that is an actual result and that will get you your bac or your blood alcohol content results immediately if it comes back above a 0.08 for that intoxilizer test they're going to take your license away but”
“if you take a blood test it's going to show everything that's in your system including non-drugs so i mean things like creatine show up so if you're drinking those creatine drinks those show up but if you do a blood test the benefit of doing a blood test is number one if you're not drunk take a blood test all day long show them you have nothing in your system number two if you know that you're not going to be over the legal limit like if you had one beer and you know it's not like one of those craft beers that's going to shoot you over the moon take a blood test it'll come back the other benefit of taking a blood test is you get to keep your license while you're waiting for blood results so while you're waiting for blood results the dmv is going to be processing the blood results um it can take anywhere from a couple of weeks to a couple of months so you're free to drive that whole time you'll get a restricted license it's like a paper license saying hey i'm waiting for my blood results um and you can you can drive until you get that dmv request in once the dmv letter hits saying hey you're over then again you have seven days to contact a lawyer to get on that um dmb hearing track so that's the sweet spot to call us yes right there basically as soon as you see that you're over the legal limit call a lawyer”
“um with a dui case we do get a lot of questions about devices and cars and how does like that play in is this like everyone who gets a dui needs it is this after a couple duis what what how does that work um there are a couple different things at play so number one the d the dmv side and the criminal courts are completely separate but they do kind of talk to each other on some things so when you get a dui you are actually going to be dealing with the dmv first usually um and then the quartz so the dmv is a completely separate thing and unfortunately the dmv gets two bites at the apple so to speak so they can revoke you if you're over the 0.08 for alcohol or they can revoke you if you get a conviction”
Alexis explains: "can't look at anything that's in your system now if you choose a breath or a blood test you won't lose your license right away if it comes back under the legal limit so let's walk through like breath test versus blood test definitely um a lot of people get confused about the they call it the breath test or the intoxilizer people think that you've seen on videos and things where the cops come up to you they have like your little breathing thing and they blow into this that is not an intoxilyzer that is called a pbt or a preliminary breath test that is not admissible in court so if the cops shove something in your face and says your blow on this nothing that comes in from that is going to be an accurate reading and it's not something that they can use against you in court they're just trying to gauge whether or not you have been drinking if they get a positive hit on there and you see uh oh it shows that i'm above the legal limit you can then refuse and the courts are never going to be able to"
Answered by Alexis Austin Litle · Watch clip ↗Alexis explains: "use that against you the actual intoxilizer test is down at the police station so the cops will have to take you from your car to the police station where they do a very long process for the intoxilizer um what they do is they have like a 20 minute deprivation period meaning you have to sit there for 20 minutes not putting anything in your mouth not drinking or eating anything so that they get a clear read and then what they're going to do is have you breathe into it they're going to take a break and then they're going to have you breathe into it again that is an actual result and that will get you your bac or your blood alcohol content results immediately if it comes back above a 0.08 for that intoxilizer test they're going to take your license away but"
Answered by Alexis Austin Litle · Watch clip ↗Each answer links directly to the source where a Right Law Group attorney addressed this question.
2 answers grounded in Right Law Group sources
my DUI (first time and will only be the one time)
They negotiated with the DA and dropped certain charges and lessened one
Didn't pay a fine only court costs
I got my first DUI
she made sure I got the lowest charge possible
the result was a Wet &Reckless