DA’s are sometimes very aggressive on low-BAC cases

A 24-year old young man was seen by an officer hitting a median (he explained it was because he was looking at his cell phone).  Officer put him through roadsides and said he failed.  Defendant submitted to a blood test which had a result of .037.  Despite the legal presumption that individuals below a .05 are not impaired, the DA was aggressive and demanded a plea of guilty to Driving While Ability Impaired.  We refused and set the case for trial.  Just before the trial, the DA recontacted us and agreed to dismiss the alcohol-related charge if Defendant pled guilty to Careless with a minimum fine.    This case is an example of how the DAs are sometimes very aggressive on low-BAC cases.  We had to be equally aggressive and set the case for trial to get the excellent result we did.