Are you over 21? If so, yes. If not, maybe. Consult with a local DUI attorney.
Mr. Feasel is a former prosecutor in San Mateo County (CA) with over 10 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney/client relationship. If you would like to hire Mr. Feasel to further investigate your situation, feel free to contact him thru this site.
As my colleagues stated, it depends on your age.
If you are over 21, the FSTs cannot really be passed. The officers look for standardized "clues" that you may or may not have displayed at that time.
Also, to be convicted under 23152(a) the prosecutor must prove that you were "under the influence" of alcohol or drugs or a combination of the two at the time of driving. "Under the influence" has a very technical meaning. Therefore, your best bet would be to consult with a DUI attorney and show any documentation, including the police report, to determine if you do have a case.
The information above is not intended as legal advice or to create an attorney-client relationship between you and any attorney. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information.
For a minor the BAC level is .04 . for an adult .08. Which are you? Get an attorney private or court appointed but don't go it alone.
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