Legal Question in DUI Law in California
My car broke down on the freeway and while I was waiting for a tow truck a highway patrol stopped to see what was going on. He smelled alcohol on my breath and put me through a battery of sobriety tests concluding with a breathalyzer. He said I had failed the tests and was under arrest for driving under the influence. When we got to the county jail I did another breathalyzer and was under the legal limit therefore passed the test. Two times. I was still booked at the jail and held for 8 hours. Will I still be convicted of the dui even though I passed the test?
4 Answers from Attorneys
No one can answer your specific question. Even though I have handled about 1000 DUI's and am a Former Deputy District Attorney and a Certified Criminal Law Specialist, all I can tell you is that you have some good facts and you need an experienced attorney to handle it, so you get the best possible outcome. Contact an attorney at once and let the expert do what they do best. I wish you well......David Wallin
If the facts are as you state you may have a valid defense. You do need to contact an attorney as soon as possible.
David Wallin and David Brown are both correct. While you appear to have some good facts, there are a number of facts that still need to be determined, such as how long you had been sitting on the freeway waiting for a tow truck; when you had your last drink; what you were drinking; how many you had; were you sitting behind the wheel when the officer came by; was your car engine off when the officer came by, etc. etc. etc.
BARRY BESSER
www.besserlaw.com
You'll find out the facts necessary to get an informed opinion when you get back the result of the blood alcohol and drug test, which will show what, if any, drugs were in your system at the time.
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