Home – Practice Areas – Q and A - Tab Charge

‘I was issued a Tab charge for a DWI last night. My test at the station read 0.07. Will I be able to get the charges dropped? The field test read 0.091’

Answer

The field test, also known as a preliminary breath test (PBT) is not the test used to determine the charges.  The PBT is one of the field sobriety tests that an officer considers when determining if probable cause exists for an arrest.  The test at the station is that which will dictate charges.  As your result was less than the legal limit, you will not have a charge for having a blood alcohol concentration of .08 or greater as measured within two hours of driving.  However, you can still be charged with general impairment.  This offense can be charged even if a driver tests below the legal limit at the station.  It appears this is what has occurred in your situation and the State is unlikely to simply dismiss this charge.  In order for a conviction to occur, the State must prove that the alcohol consumed impaired your ability to operate the motor vehicle.  The test result is one piece of evidence that can be used by the State in an attempt to meet their burden.  Needless to say, it would be in your best interest to hire an experience law firm, such as Halberg Criminal Defense, to represent you and fight to avoid a DWI conviction. 

At HCD, our team approach puts the firm’s collective legal knowledge and experience in your corner. Our lawyers are available 24-7 — Call us at 612-DEFENSE (612-333-3673).