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.
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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,
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
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