Legal Question in Criminal Law in California
Driving under the influence defense
My son was recently arrested for DUI. He refused at the time of arrest to take the breath test. About 90 minutes after the arrest he did take breath test which read .15. After the police transported him to the station, they had his friend drive his car home. But be for during so, they gave him a breath test. His reading was .02 at the time of arrest. They had both drank a six pack of beer after eating at Wendy's. Given the rate of absorption and elimination of alcohol by various manufacturers of breath machines. Calculations show that my son would have had a BAC of .028. The difference between the two boys was 40 lbs. Do you think this would be a good defense?
2 Answers from Attorneys
Potential Defense
Yes, the alcohol absorption rate is relevant to a defense of this case. You'll have to take the case to trial, of course, and you will have to hire an expert to testify at trial. Even then, there is no guarantee you'll succeed - without more details and an interview with the defendant, it's hard to say for sure. But, with just the facts presented, you may have a good defense to the charge.
Potential Defense
It is possible that this may be a valid defense.
First you need to hire a good lawyer who specializes in DUIdefense. S/he can provide a better answer after looking at all of theevidence and interviewing you son.
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