First Time Misdemeanor DUI
Question: I was pulled over for weaving by LAPD in San Fernando. I was told by the LAPD officer to wait for CHP. When they arrived, the CHP officer told me to go through sobriety tests, which I did. I was also asked to do a breathalyzer after I was arrested for the DUI, which I also did.
Before I was arrested and while I was still near my car, I was not advised to do a breathalyzer but only sobriety tests,a couple of which the officer had me do a couple times. I was then taken to the station. I got to the station about one hour after being initially pulled over by the LAPD cop. While in the station I took the breathalyzer and burped before taking the test. The cop saw and heard me burp, but that didn’t slow him down at all. He just had me proceed to taking the breath test a couple minutes after that.
Also, the cop did not look at me for the 20 mins before the test was administered, isn’t that what they are supposed to do? My blood alcohol level was .17% from what they told me. Are any of these facts helpful in reducing or using against in court?
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 free consultations, 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.
Did you blow into the machine twice? If so were both results .17?