Legal Question in DUI Law in California
dui defense regarding stomach flu
I am divorced and my ex had our daughter for the day. I went
skiing and had two beers. I threw up and felt like I needed to
rest. I drove home, got pulled over and blew just over .08. My
daughter was at the emergency room at the same time throwing
up. We both had a bug or something and I think the recent
alcohol to pass up my throat could have raised my b.a.c. Is
there a precedence? I am a day care teacher who is hoping
there was a glitch! Thanks!
2 Answers from Attorneys
Re: dui defense regarding stomach flu
Yes, belching, acid reflux, etc. are all valid reasons why you might have registered an erroneously high reading on a breathalyzer. I wish you the best of luck in finding an attorney in your area who can best present this defense in court and before the DMV. Remember, you have to request a DMV hearing within ten days!
Re: dui defense regarding stomach flu
There may be other issues as well. I would need to see your police report to give you a more detailed analysis, but you may have a valid defense.
If you would like to discuss this further please call me directly at your earliest convenience.
JDH
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