Can my DUI be dismissed if I blew a 0.07 at the police station?

Asked on Aug 22nd, 2017 on DUI/DWI - California
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I had literally two beers and a zip of patron not even a shot and slice of pizza. I drove home. I wasn't buzzed or anything. I hoped on the freeway. My friend and I were arguing and I was focused on arguing with him. I was also putting directions in my phone. I swerved a little and a CHP pulled me over asked if I had been drinking. I said only two beers. He performed the standardized tests then I said that he needed me to blow on the breathalyzer. I refused then he said that I am under arrest for refusing officers order. I said alright and let me blow on the breathalyzer. He said no and it’s too late. Then the whole way to the police department, I was very upset and arguing with them. Once I got the police station, he said that I can blow or choose blood. I chose the breathalyzer then he said the legal limit is 0.08. I blew 0.07 and I was still arrested for driving under the influence. I was in jail for 12 hours. They gave me a pink paper that says 0.07 and the ticket which has the court date. He put 1.1 which is a lie. Can this DUI be dismissed? I have never been in trouble or jail. This is my first time in trouble with the law.
Jeff Fengcheng Yeh
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Answered on Oct 26th, 2017 at 10:13 AM
Unfortunately even if you blew under the legal limit, they can still charge you with VC 23152(a), which is probably what is listed on your ticket. However, you have a great case for a dismissal, provided you have proper representation. Contact a DUI specialist soon to protect yourself both from court and the DMV.

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