First Time Misdemeanor DUI
Question: I was pulled over for weaving by Los Angeles Police Department. I was told to wait for California Highway Patrol and when they arrived I was told to go through sobriety tests also asked to take a breathalyzer test, which I agreed to. Before I was arrested when I was outside of my car, I was not advised to do a breathalyzer there but only to do the sobriety tests. A few of the tests he had me do a second time. I was nervous and had to have the officer repeat what he was saying. He was talking very fast and stating all these directions. He asked me if I understoood. I said I didn’t and for him to please repeat the directions. Will that be used against me? He was talking so fast I don’t see how anyone could remember all the instructions he gave for some of those tests on first go round.
After doing those tests the officer arrested me and took me to the police station. About an hour or so after getting pulled over, while at the station I took the breathalyzer test. Moments before I blew into the machine I burped in front of CHP officer. He did not say anything about it, and I didn’t realize that could effect the test, but now I am reading online that it could.
Also, the officer did not watch me for the count time of 20 minutess before the test was administered. My blood alcohol level came out ass .17%. Are any of these facts helpful in reducing or using against in court?
My court case is in San Fernando, CA in about six weeks from now.
Answer: There are many potential factors that can be helpful in defending your case, but to give a more accurate assessment, a DUI Attorney would have to have a more in depth consultation with you. I offer a free initial consultation, so I recommend calling me to set up a meeting so we can discuss your case in more detail.
To quickly address your question, Title 17 requires a 15 minute observation period free of regurgitation type issues. If you burbed immediately before the breath test and/or they did not observe you for 15 minutes prior to taking the test, that can be helpful in defending your case.
A couple questions I would like answered by you are, did you blow into the breath machine twice? If so were both results .17? or did they have different results?
I can be reached at (818) 336-1384. Thanks and I look forward to speaking to you in detain about your arrest and situation.
DUI Attorney Phil Hache