Are there generally 'portable' Breathanalyzer devices--and I'm not talking PAS devices--at police roadside checkpoint stops?

I got a checkpoint DUI recently. The police report states that "I could not complete the Breathanalyzer test" when taken inside the portable trailer ( even though I had 2 'good' PAS readings initially on the street), and then I was basically made to take a blood sample in the trailer by a tech who was called in. I wasn't taken to the police station, but instead was released from there with a family member picking me up. The fact is I was NOT given a choice of tests, and I was NOT given a Breathalyzer test. My problem is PROVING IT. Any ideas??

Brea, CA -

Attorney Answers (2)

Richard Franklin Taub

Richard Franklin Taub

Criminal Defense Attorney - Sherman Oaks, CA
Answered

Hire counsel. I know you may feel this is the mantra on Avvo, but that is not the case here. You need an attorney to investigate and catch them at it. It may involve the disclosure of other defendants' records, etc. It is complicated.

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John Paul Thygerson

John Paul Thygerson

Criminal Defense Attorney - Norwalk, CT
Answered

Attorney Taub is correct. Hire an experienced dwi attorney to represent you and to conduct a thorough investigation of the evidence (or lack thereof) and a full analysis of all defenses which may be asserted. the advice given here is general in nature and your case indicates that an attorney will need to roll up his/her sleeves and look at everything from soup to nuts including engage in extensive discovery.

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