How to get a DUI dropped?

Asked over 2 years ago - Walker, WV

My 80 year old grandpa got pulled over near his home in Walker W.Va.. He has alot of heatlh conditions that make him shake all the time. He just beat cancer with cemo therapy. A officer pulled him over and had him take a breathe alyzer which came back 1.38. My grandpa had only drank 2 beers earlier in the day. So i know he could not have blown that high of a number when he weighs around 170lbs. The officer arrested him. Well my grandpa has to walk with a walker when he is at home because of his age and medical conditions he staggers and falls into things.
When they got him back to the police station they admiinsterd another breathe test that came back inconclusive. I am a private investigator in the state of West Virginia and was wondering how i can help my grandfather?
Andrea

Attorney answers (3)

  1. Harley O. Wagner

    Pro

    Contributor Level 10

    2

    Lawyers agree

    Answered . I would recommend consulting with a West Virginia attorney who focuses on DUI Defense and has the needed and requisite training in breath machines and the numerous ways they can produced what is called false positives due to certain medical conditions -specifically that of the Intoximeter EC/IR II used in WV. A reputable breath test scientist is going to be needed as well.
    Sincerely, Harley O. Wagner, Esq. - West Virginia DUI Defense Attorney - WestVirginiaDUILawyers.com

  2. Philip Daniel Hache

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . I would recommend consulting with some DUI attorneys in your area (assuming that is the same jurisdiction where the DUI court hearings will be held). Your grandfathers age and health condition can be a defense to poor performance on field sobriety tests. Also, there are health conditions that can lead to false high results on breath machines (ie. acid reflux). You should discuss all his medical issues, dental work (which can also create pockets that store alcohol and create what is known as "mouth alcohol") etc. with a DUI attorney who can be aggressive with representing him. Good luck.

    Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This... more
  3. James J White

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . The best way to get a DUI dropped is to hire an attorney that handled lots of DUI's. There are a number of legal issues from the basis of the stop, the basis to administer the breath test, etc. In this situation, there are the equittable issues related to your grandpa's health and age. So get a lawyer so your grandpa can enjoy his elderly years in peace.
    At your service,

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