Fort Carson, CO DUI and DWAI Law Firms & Lawyers

Why was your case "dismissed"? If it was because you did a deferred prosecution, then "yes" any subsequent DUI will be considered a second offense. As far as BAC reading, you can blow less than a .08 and still be charged, if an officer believes that your driving has been "affected to an appreciable degree by the consumption of alcohol and/or drugs". Not sure why you or so worried or why it even matters. Very simply :Don't drink or do drugs and then drive!! It's all a matter of choices and you are in control. If you choose not to heed my advice, you have only yourself to blame.

DUI prosecutions are very technical and highly scientifically. Typically, officers will testify that the first sign of intoxication that they notice is blood shot watery eyes. If they only articulable fact for arrest were your eyes, the arrest could have violated your fourth amendment rights- lack of probable cause. One issue I see with that argument is that you consented to a preliminary alcohol screening test, if this was pre-arret, a judge could find that the eyes and test results would most likely give the officer probable cause to arrest you. Those are legal arguments, you may have other defenses to the charges available to you, especially with a lower BAC. It would be work contacting a DUI attorney n your area.