Pasadena DUI case
Question: In May I was pulled over in Pasadena by Glendale cops a while back. According to the police I was driving over the speed limit. He asked if I was drinking to which I said yes. I
The cop then told me to do some tests that I did. I did the exams walking a straight line and other exams which they said that I did not do very well on. I blew in the machine like he said several times and every time it was below .08. For some reason they had my friend blow into it as well even though he was not driving, and he blew under too. We both only had 2 drinks that night.
Anyways they cop thought I was on drugs or medication or something but I was not. They took me to the hospital to draw blood which happened about an hour after I was pulled over. My license was not suspended but I was arrested that night. I checked with dmv and they have no info about it.
I went to court in Glendale on Oct 1st which is the date the ticket I had said and they didn’t have a record of my case. I just got a letter to go to Pasadena court in November on a DUI.
My question is can this DUI case be dismissed ? I was not on drugs and I blew under the limit every time I blew into the breath machine before I was arrested. I need some advice, looking forward to your response.
Answer: It is possible to get the DUI charges dismissed, but the fact that you received a letter that your case was filed means that it is not going to happen on it’s own and likely without a fight. I have a couple of questions for you, for example are you over or under 21 years old? and do you have any prior DUI within the last ten year?
Even if your blood tested negative for any drugs, it is possible that the alcohol level came back higher than your initial breath test at the station. If so, and it came in near, at or above a .08 even though your initial tests at the scene were below a .08, they can use that against you in your case. Further, you can be charged with a DUI even if you are 21 or over and your alcohol content level is below a .08 (under VC 23152(a).
That being said, you have a good start to defending a DUI case. Field sobriety tests can be challenged as not good indicators as to whether someone is or is not under the influence of alcohol. Your initial breath test (referred to as Preliminary Alcohol Screening, or PAS tests) results being below a .08 is helpful for defending a DUI charge even if the blood test results came back higher.
A good DUI attorney can discuss your situation further, possible defenses and potential outcomes, but more information would be necessary to give a more specific assessment. Call me to discuss your DUI case further. I offer a free initial consultation and have successfully handled many DUI cases in Pasadena Court.