An experienced criminal defense attorney should be able to plea bargain a .08 blood alcohol reading on a DWI charge down to a careless driving offense. Prosecutors are willing to offer to amend the DWI charge in low test cases down to careless driving because they know the defense will question the accuracy of the test result at the time of trial and thereby create reasonable doubt in the minds of the jury. A jury is duty bound to acquitt a defendant if they believe the test result is in fact below the .08 legal limit, such as a .07 or .06 blood alcohol concentration. Prosecutors realize there is risk involved with any trial and would rather walk away with a careless driving conviction than no conviction at all.
If you have a low test result DWI case, you may be able to plea bargain your case down to careless driving. Contact attorney Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website for more information at https://www.criminallawyerminnesota.com.