Skip to main content

What to do when you have your first dwi?

Annandale, VA |
Attorney answers 3


Hire a local attorney who specializes in dui defense. The issue is not how many times he had you blow, but the number that came up and whether the machine was functioning properly.

Answers presented on this website are intended only for informational purposes and any use of the contained material is at the users own risk. Answers are intended exclusively as a public resource for general information, and this information is intended, but is not promised or guaranteed to be, correct, up-to-date, or complete. This material is not intended to constitute legal advice, as an agreement to create an attorney-client relationship with the law offices of Mitchell S. Sexner & Associates LLC, or the provision of legal services, and receipt of this information does not constitute such an agreement. If legal or other specific expert advice is required, then the services of a competent professional should be sought.O


I agree with Scott, but if there were multiple tests the that may be a sign that the machine was not working properly. I'm not sure exactly what you mean "blow ... three times".

A normal DWI arrest will include a PBT in the field, and then 2 blows on an ECIR II at the jail so that is 3 times. Many cases have numerous attempts until they get a printed result, but it is the number on that page that is the most important thing. The final BAC is the starting point for evaluating a DWI case.

I recommend you keep your own facts off the internet. AVVO is a great place to find information, but your case is confidential, so seek a free consultation with local counsel.


Doing a third blow on a breath test is not particularly uncommon. The machines usually call for two blows, but, if there is a problem with one or there is more than a 0.02% difference between the two results, the machine will usually ask for a third blow to get a "valid" test.

As far as what to do for a first time DWI or DUI, contact an expereinced DUI attorney near you. Many people make the mistake of assuming there is nothing can be done. An expereinced DUI lawyer can often find ways to beat an apparently claer cut DUI case or find ways to reduce the punishment you are looking at.

Any comments offered are not intended as legal advice. This attorney does not know the specifics of the particular case sufficiently to offer legal advice. You should hire a lawyer who can evaluate the details of your specific situation before offering advice. If you wish specific help in any criminal case in San Diego, contact for a free consultation. For help with any criminal case in Los Angeles County or the surrounding areas contact