Legal Question in DUI Law in California
dui
what if you are arrested for a dui at a .08 after 4 blows through the breathalzer then request a blood test and the test reads .23 would this show a possibility of wrong results?
Asked on 9/15/08, 1:12 pm
2 Answers from Attorneys
Terry A. Nelson
Nelson & Lawless
Re: dui
Possibility? Sure.
Guarantee of success? No.
You have defenses to raise. Have your attorney do so through appropriate suppression motions or at trial.
Answered on 9/15/08, 3:06 pm
Michael Stone
Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE
Re: dui
Obviously, the attorney you retain will argue this point, and will probably demand a "split" of your blood sample to be independently re-tested. And he or she will have to also attack the Breathalyzer results, because .08 is still DUI.
Answered on 9/15/08, 1:21 pm