Question: What can I best do to defend myself from a DUI if I honestly was not drinking? I am on probation from a first offense DUI, and had a BAC level of .02
Answer: You have a good case to defend, the problem is you probably won’t get a chance to speak to the judge during the pretrial stages of the case. There can be issues with breath machines where they unreliably show positive or higher than a persons true BAC level.
There are also other reasons, some being medical reasons that can cause a breath machine to show positive for alcohol even if that person did not consume any alcohol.
I would recommend getting an attorney involved who can start dealing with the prosecutor in an attempt to resolve the matter without having to go to trial on it. But if that fails, then the case can be one at trial and/or DMV hearing. Note that the DMV will likely suspend your driver license automatically separate and apart from whatever the court may do. It is importantly to timely request a DMV hearing from stopping and challenging that from happening.
Call me at 818-336-1384 if you have any further questions. I have successfully defended cases with similar issues as you present.