Legal Question in DUI Law in Florida

I am at a loss of how this can be physically possible. I went out for a friend's b-day. I arrived at the resturant 7:30 and left at 9:30. During that time I had 2 glasses of wine and some apps. On my way home, I felt like I was going to fall asleep, so I pulled over, hit a mailbox and passed out. After midnight (almost 3 hours later, the cops came and arrested me for a DUI with no field test. I was taken to jail and booked at 3:00am. I blew around then, and the result was .217. This was 6 hours after I had my last glass of wine. I am 5'2" and weigh 121 lbs (mostly muscle). The result indicated that I had more like 8 drinks...6 hours later! Any feedback as to how this is possible would be greatly appreciated!


Asked on 5/09/10, 4:54 pm

1 Answer from Attorneys

Royce Bishop Mr. M & Save My Home

That is not possible, but I am at a loss on how to explain it. I would see a doctor, maybe you have some sort of medical condition, or the breath machine was not calibrated or both. Do you have receipts showing how much you drank? Bank statements? mrmisdemeanor.com "In your corner."

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Answered on 5/15/10, 6:36 pm


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