Legal Question in DUI Law in California

I have a breathalyzer in my car due to a previous DUI....It turns out that the machine wasnt working properly and I blew a .000 before i turned my car on. If it had blown any numbers at all, not only would i not drive, but I wouldnt be able too considering my car will not turn on if it is anything past .008. I feel like if they had given me a proper machine that actually worked, none of this would of happened. I had no clue it was broken since I dont drink and drive anymore. I felt completely fine and had stopped drinking hours before. Is there any way I can fight this?


Asked on 10/26/09, 1:03 am

1 Answer from Attorneys
Dave Jake Schwartz sonomacountyduilawyer.com

One can always fight a DUI. In your case, if the ignition interlock device records and other evidence and witnesses support your version of the incident, then your case may seem more compelling to a district attorney who may offer a better resolution, or to a jury who may find you not guilty. You should definitely get help, investigate the underlying facts you identified (and any other facts that may bear on your case such as the accuracy of the police chemical tests and more) and have a lawyer research the possibilities. If you live in Sonoma County and wish to retain the services of a DUI attorney, feel free to browse my website at www.sonomacountyduilawyer.com.

Good luck,

Jake

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Answered on 10/31/09, 8:14 am


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