In my opinion, no. The Intoxilizer 8000 always takes two samples. The reason it does so is to account for the possible variances in breath moisture, force, etc. A 0.03 difference between blows is somewhat unusual, but either way you were way over the .08 limit at the time of the blow, and it's going to be difficult for your defense attorney to argue that your BAC rose .12 % or more between the time of driving and the time of the blow.
That said, I would recommend that you listen to Mr. Oberdorfer and hire a DUII defense attorney immediately. There may be other aspects of your case that could lead to a strong defense.
This post is offered as general information and is not intended as legal advice. This information does not in of itself create any attorney-client relationship.Ask a similar question
Three minutes is not enough for that type of decrease. Your attorney can subpoena the records on that machine.
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You could try attacking the accuracy of the machine. It is unusual that two samples were taken.
Please understand that answering this doesn't create an attorney/client relationship between us, and as hard as I try to answer your question well, it isn't legal advice. No matter how much information you put into a question, the answers you are going to get are still going to be vague. It is in your interest to contact a lawyer, most of whom will do a free consultation. Even 15 minutes with a lawyer is going to produce a more specific answer to your problem.Ask a similar question
It's not unusual for two samples -- that's the norm here in Oregon with the Intoxilyzer 8000. Bottom line is: any good DUII lawyer will now how to defend this case with those blows, and you need one -- NOW. Set up an office conference with any good local DUII lawyer who knows the courts, the cops, and the law.Ask a similar question