DUI arrest with breath analyzer reading just 0.08% and let go after 1hr ? 1st offense, family of 2 kids, daycare duties, help me

Asked over 1 year ago - Sunnyvale, CA

Officer stopped for driving at 40 in a 30 zone, which I wasn't at all. I was stopped just before 1 block from my destination. Officer asked me about where I was coming from. I gave a honest answer. Went to play pool and had a few beers with a friend. Office asked for sobriety test. co operated all the way. Arrested when breath analyzer showed 0.08%. I was let go after 1hr and blood drawn. clean record till date and 1st offense ever. Have a family of 2 kids, have to take them to daycare. cannot afford to loose license. it will just make my family suffer a lot. Please help me on what my options are. Thanks

Attorney answers (3)

  1. Michael Jon Fremont

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . you have a great many options and defenses. you need to speak with a
    qualified dui attorney as soon as possible based on what you provided. you
    may have an jnlawful stop and suppression of all evidence . it appears that
    you still do not know your blood results. if under 08 no dmv action unless
    dui conviction. get an attorney asap

  2. Curtis Lamar Harrington Jr

    Contributor Level 20

    1

    Lawyer agrees

    Answered . What was the blood analysis result? breathylizers may have a wider range of error (either side).
    How was your velocity of 40 measured?
    Hire local attorney for:
    1. speeding
    2. Driver's License hearing
    3. DUI case in chief.

    Don't scrimp and bargain; far too many people try to get by cheaply. You appear to have defendable possibilities depending on the real facts.

    Given the closeness to .08 and the much increased scrutiny on error, interview your DUI attorneys both for their scientific acumen and ask them who they use for an expert on the breathylizer and blood results, and make sure you are comfortable that they can exploit all error.

    Please remember to designate your question's BEST ANSWER.

    Please remember to designate your question's BEST ANSWER.

    Curt Harrington
    Certified Tax Specialist -- State Bar of California Board of Legal Specialization
    Electrical-Chemical-Mechanical Patent (Intellectual Property) Attorney
    (562) 594-9784
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    Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal... more
  3. Vijay Dinakar

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Hire an aggressive attorney that will attempt to have your case dismissed. There are so many problems with breath tests which can be challenged in court and at the DMV. Keep in mind that you have only 10 days from the date of the incident to request a hearing from the DMV or your license will automatically be suspended by the DMV. Hire an attorney to fight these charges in court and at the DMV. Best of luck.

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