QUESTION
Can I beat a DUI if I blew over legal limit on roadside test, but under limit on the breathalyzer machine at the jail?
Asked on May 30th, 2021 on DUI/DWI - Georgia
More details to this question:
I was pulled over for speeding and given roadside sobriety tests (to which the officer told me I did "fairly well" on. I then was given a breathalyzer and blew over the legal limit (0.10 or so I believe). When I got to the jail, the nurse couldnt get a vein to draw blood, so the officer gave me another breathalyzer on the big machine theybkeep at the jail, to which I blew 0.07 (under the limit). Do I have a chance to have this charge dismissed/reduced?
1 ANSWER
Interesting fact situation. In Missouri the hand held device the police have you blow into on the side of the road is not calibrated. Therefore the results are not admissible in court. Te fact you tested below the legal limit at a later time does give you some wiggle room. However, that in and of itself will probably not lead to a dismissal. The state could argue that your blood alcohol was higher at the time of the traffic stop and that it went down because of the time that passed since you had your last drink. Definetly get an attorney in your state who has experience in handling DUI cases and you might just win.
Answered on Jun 12th, 2021 at 8:29 AM