Legal Question in DUI Law in California

do i
Yesterday I had been helping my friend move. He left a soda inmy car and when I was driving home I was thirsty so I gulped what wasleft. Right after I stopped drinking it I could taste that there wasalcohol in it. I started to get to the right so I could get off the exitbefore the alcohol took effect when I rear ended a guy (going about15-20mph) nothing really happened to his or my car but we pulled over sowe could exchange information. We were about done exchanging informationwhen a CHP officer pulled up. (about 10 minutes after everything hadhappened. By that time the acohol was starting to take effect. He came over to talk to me and could smell the alcohol on my breath and procededto arrest me for DUI. I am 20. Do I have a chance at winning this case since I was not driving under the influence or am I basically screwed?

Asked on 12/25/07, 12:39 pm

Jay Leiderman Leiderman Devine LLP

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Re: do i

This sounds like a defensible case on a few levels. Consult with an attorney experienced in DUI litigation in your area.

Answered on 12/25/07, 3:35 pm

John Steele Steele Law Firm

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Re: do i

I hope you do not try that defense in front of a judge or jury.

Answered on 1/04/08, 1:16 pm

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