Santa Barbara DUI / DWI Attorney.
Depending on the other facts of the case (statements to investigating, driving pattern, field sobriety tests, etc.), this may be a very defensible case. I would also want to know if he submitted a breath sample at the scene (he was not required to do so), or if he waited to comply with a breath or blood test until he was arrested and taken back to the station. While the breath test has a much higher margin of error, there can also be problems with the blood test, such as incompliance with...
2 people marked this answer as helpful
Miranda rights are not dispositive here. Instead, you should focus on the substantive charges, which are levied by the District Attorney's Office, not by the police officer. Police simply gather evidence, create reports and forward along all information to the DA's office for review. The DA assigned to your file will then either file charges against you (which may or may not be the same charges reccomended by the arresting officer), attempt to obtain more information about the incident, or...
1 person marked this answer as helpful