Chp arrested me for dui he took me to county jail and handed me over to sheriff .. Sheriff attempted to give me breath test I told him I had asthma and I would do blood test 5 mins later I said I changed my mind and rather do breath sheriff said it was to late and I gave blood sample ... Was it to late was he the sheriff rite. Bac came out .06
Criminal Defense Attorney
As a general matter it is better for a defendant to have been administered a breath test because they are less accurate than blood and thereby provide more ammunition to an attorney. However, your BAC blood test is under the per se legal limit so a breath test may have been (inaccurately) higher. This low BAC doesn't mean you won't be charged in California, however. You need to contact a local attorney immediately. If the facts are as you report them, this case should be fought and dismissed and you should win at the DMV, if the DMV attempts to proceed. Good luck.
Criminal Defense Attorney
Generally, once you make that choice, the cops can hold you to your choice. You need an attorney, now.
Often people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial.
That you have been charged or that some contraption says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you can be proven guilty using competent, valid evidence.
Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered!
After even a first drunk driving conviction, you may face employment discrimination. You will certainly be charged higher for insurance. Having such a conviction will also make you a target for drunk driving arrest in future interactions with police. You will automatically become a suspect.
You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses.
That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving.
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