Legal Question in DUI Law in California

Unlawful DUI Arres?

I was pulled over for ''driving too slowly'', though no radar speed was given, and subjected to a breath test. I don't know if the field tester was calibrated properly, but I blew a .09, even though I'd had very little to drink. I was arrested and taken to the station, and got .08 and.07 on the intoxilyzer test. Within legal limits. My license was not revoked, but I was forced to remain in jail until the next afternoon, and even missed work. My car was impounded as well. Would I have a case to have the charges dropped?


Asked on 4/06/08, 6:23 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Unlawful DUI Arres?

No. However, you will have a chance to defend yourself with whatever admissible evidence you have. Get a criminal defense attorney who will know how to use what you have in your favor. You should have contested the DMV license suspension within ten days of your arrest; an experienced attorney would have told you that. Feel free to contact me if serious about handling this right.

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Answered on 4/07/08, 1:46 pm


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