I was stopped in New York for a random DUI checkpoint. In my mind, I knew I was good because the last drink I had was over 5 hours prior to the check. Officer pulls me over and does a sobriety test.
Breathalyzer shows 0.2 alcohol content ( limit by law is 0.08). I told the officer that it is impossible, I did not feel drunk or tipsy and that their breathalyzer must have been calibrated in the wrong way.
They took me in to the precinct to do another test. This time this test shows 0.01 alcohol content which is basically nothing! They released me right away with no charges and like nothing has happened.
I am wondering the legality of what happened to me. I took the second test 10 minutes after the first one so I know I did not have time to get sober. From 0.2 to 0.01 in 10 minutes?
This is BS. NYPD ruined my day and weekend.
Can I take legal action against them?
I don’t see the basis for any legal action here since you weren’t charged with anything.
Sign up to receive a 3-part series of useful information and legal advice about DUIs.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline