I got pulled over last night for speeding and I had had a couple of drinks earlier in the night. Even though after taking me down to the station I tested a .06 on the first blow and a .07 on the second blow the officer still cited me for speeding which makes sense but he also wrote "Driving under the influence" if California's limit is .08 then how is that considered a DUI?

Hello persiano:

Well, he probably added them together. Lol.

No, dude - I don't know what the cop did. You're going to need a lawyer.

excon

The officer can try to make a case if he wants to, from your actions on the scene and any field test he did. He can try to make a case that from the time of the stop, to the time you reached the station, your BAC lowered the .01 so that at the actual time of driving you were at the limit.

This is a very hard case to make, it would take a officer very trained in the DUI enforcement and POST certified in the DUI detection. And even then is hard to make, But it can be done, I have done a few on only field test with no breath test at all. But a good attorney would have taken the charge apart.

So a good attorney is called for now

Get a copy of the Brethalyzer ticket. Yoy blew under the limit but you need to take it to trial. Get a good attorney!