Your question is not totally clear. If it was a lawful stop, the police suspect you of being under the influence and they smell alcohol in the car...then they would likely have probable cause to find the alcohol. I do not believe, under those circumstances, they could lawfully get in to a locked briefcase...unless you gave them consent.
You have committed a crime. You should hire an attorney to make sure you do not compound the mess. Also, as long as you did not do any damage to the property you worked on, there may be a way to salvage the damage.
I agree with the above answers. Depending on the facts of the case, some judges may use their discretion to keep the evidence out. The expert for the prosecution would have a really hard time effectively using a test 3 hours after driving.
Once you waive time, you are not going to be able to recind it unless the judge finds good cause to do so. You are not going to find any case law that gives a defendant the authority to recind a time waiver.
In my opinion, both misdemeanors are about the same. Although if I where your attorney, I would call the DMV and discuss it with them. Last, see if you can get 2 moving violation infractions instead.
You have two issues in your favor that I can see: 1) You were not drivng when the police observed you...unless you were blocking the road, that is a glaring problem for the prosecution to prove the case against you; 2) Second, it will be an extremely tough road for the prosecution's expert to prove what your BAC was at the time of driving.
You should hire an attorney to press your rights...if the case is filed against you. I personally would have to read the police report before I could...
The strip gives you your blood alcohol result. You should consult an attorney and give them all of the facts, so they can give you an accurate assessment of your case. I would be happy to give you a free consultation over the phone or in person.
Hedding Law Firm
On a first offense, there is typically no jail time asked for by the prosecutor. The amount of the theft will be a huge factor in how the case is dealt with by the prosecutors. If it is less than $50-$100 there is a good chance to prevent a filing, get a diversion program, and / or an infraction. If the theft is more than $100, there are other alternatives, depending on the sophistication used to take the items. The courthouse the case is in also matters. You can contact me at (818) 986-...