Blood Test VS. Breathalizer
I was pulled over for ''unsafe lane change'' and given a breathalizer. I posted a .081 I felt fine to drive and even waited a couple hours before driving after drinking 5 beers. I weigh 210 lbs (5'11''). Officer said since borderline I had to take field sobriety tests. I did fine on the field sobriety tests except for the ''swival turn'' (Used my other foot to turn my body) and officer said I was to count down from ''20 to 10'' when I heard him say ''20 down.'' He also said I was speeding (wouldn't the officer say THAT is why he pulled me over?). He had me take a blood test 1/2 hour after breathalizer (did not give this as an option to me, made it sound as if I had to). Question: How much differnece will the blood test reflect as opposed to the Breathalizer test? I am pretty sure I can beat the charges, so also, would any Phoenix Lawyers be willing to take the case? First time ever charged with DUI.
2 Answers from Attorneys
Re: Blood Test VS. Breathalizer
Blood is usually more accurate. I'd like to know a bit more about the facts of the case (arresting agency, what field tests (with specific detail) etc. Also, if this was a 'task force' case, it presents other interesting issues. I am Phoenix based and quite experienced in defending DUI cases all over the Valley. Give me a call so we can set up a time to talk a bit more.
Re: Blood Test VS. Breathalizer
Jason:
If you are in the absorptive phase of the alcohol metabolism cycle, a breath test will be approximately 10% below a simultaneous blood draw. If the blood was draw at a later time, don't concern yourself with this issue. It sounds like you have a very winnable case. For further questions, refer to our web site. Call our office to schedule an intake interview.
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Ed Loss, F. & A. M., Glendale, AZ Lodge 23
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