Q: I was arrested on dui blood work come back as dwi can a district attorney change it to dui. Bac .06
A: A DWI is the appropriate charge based on your BAC. However, if there is a drug on the blood test, you could be charged with DUI drugs.
A: Based on the only fact being .06 then DWI would be the charge that should be filed. However, other factors can change that. First factor is if your blood test came back with a controlled substance (this includes prescriptions that impair driving) in addition to the .06 - you may actually be being charged with a DUI-D (Drugs). Second factor, your age, if you are under the legal age of 21, then ANY detectable amounts will result in a DUI, it could even be .02 and if you are only 20 then it would be a DUI.
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