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?


Asked on 1/11/98, 5:37 pm

2 Answers from Attorneys
Scott Pearce Law Offices of Scott Pearce

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.

Read more
Answered on 1/15/98, 10:58 pm
Robert E. Drescher Law Offices of Robert E. Drescher

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.

============================================================If applicable to this message: "This transmission does not create an attorney-client relationship. I will not be representing anyone without a written agreement signed by all parties. Answers to questions are for general information only and should not be construed as legal advice in any particular jurisdiction. If you need legal advice for a specific legal problem seek the services of a knowledgable attorney in your area or locale."=============================================================

Read more
Answered on 1/16/98, 10:16 am


Related Questions & Answers

More Criminal Law questions and answers in California