Fourth Degree DUI, Over .08

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You can be charged with a fourth degree driving under the influence offense whenever you test for alcohol at a level of .08 or more. You may also be charged with the offense of driving under the influence if an officer believes you are under the influence of alcohol. This usually does not occur unless you test over .04 or above.

If this is your first incident and you tested over .08, but under.20, you likely will be charged with a misdemeanor offense. A misdemeanor is punishable by a maximum of 90 days in jail and a $1,000.00 dollar fine, or both. There are also conditions pertaining to probation and an alcohol evaluation will be required.

Alcohol concentration levels are determined by three factors: Weight, amount consumed and time. Obviously, if you are 100 pounds and drink the same amount and type of alcohol as a 200 pound person your level will be much higher. A 100 pound woman with 5 ounces of alcohol will test approximately .23 while a 200 pound woman would test approximately .11 with the same amount of alcohol.


At the same time that you are charged with a criminal offense you are also given notice that your license is soon to be revoked and you have a 7 day temporary license before the revocation begins. This part of the process is commonly referred to as the “Implied Consent”. You have 30 days from the date of the stop or revocation to challenge any issues with regards to your license being revoked. This is an absolute deadline. Once your license is revoked you will be without driving privileges for 15 days. After 15 days you will be eligible for a limited license (work or school permit) for a total of 75 days. It is critical to analyze both the Implied Consent issues and the criminal issues. To win a DUI case you have to attack both and prevail.


Whenever a case is analyzed Scott is always interested in identifying whether you have a defense to the charge(s). This is done by asking detailed questions about the reason you were stopped or approached by police, what procedures the officer(s) used during the stop and subsequent arrest, the type of test you submitted to or if you refused, what is contained in your prior criminal/traffic history, what the officer read you when you were arrested, were you allowed to contact an attorney, and many other variables.

Your attorney also needs to examine the police report in detail after I have met with you to complete the analysis. It is important to have both views of the case prior to developing a strategy with regards to your case.


Scott is always looking for defenses when he is analyzing the case. If there are defenses then we explore those in detail prior to moving forward with the criminal case and your license revocation case. If there are not defenses then it is my job to get the best possible result for you and get your license returned to you as quickly as possible at the most reasonable and affordable cost.

It is imperative to begin analyzing your case immediately since there are time deadlines that must be met or the issue(s) are forever waived and lost. For your convenience Scott provides a FREE PHONE CONSULTATION.


Please contact Scott L. Anderson NOW at 763-422-8664, e-mail him at or fill out the form on the right for a confidential consultation.


“Scott ranks among the best and, more importantly, he truly cares for each and every client”

I am a criminal defense attorney and have known “Scottie” for over 20 years. As a lawyer, Scott ranks among the best and more importantly he truly cares for each and every client. I have confidently referred him many difficult cases and he has always handled them to the client’s complete satisfaction.


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