QUESTION
My friend passed the sobriety test but failed the breathalyzer yer we knew she could drive. What can be done?
Asked on Aug 19th, 2013 on DUI/DWI - Nevada
More details to this question:
I have a friend who was arrested this the weekend for driving while intoxicated. She will lose her job if this sticks because she has to be insured by her company to drive their cars. She passed 6 (yes, 6) field sobriety test and then was ask to blow. She asked if she had to and was told she would be charged for failing to comply. She was also not read her rights ever. Officer got sidetracked. Oh, and MADD Moms won't like it, but she was not drunk at 1.0 (which she did blow). She has a high tolerance and is very careful to not drink and drive. I was one car in front of her (passenger with my husband) and had just asked her if she was ok because I could drive her. She said "absolutely" and I saw no signs she was impaired. This is a case I know she was truly fine to drive, but not in the eyes of Virginia Law.
5 ANSWERS
Alexis Anne Plunkett
It doesn't matter that she wasn't read her rights. If she blew a 1.0 she would be dead...I'm assuming you mean she blew a .1, which is over the legal limit. It is not a defense that she had been drinking but was not intoxicated because she has a "high tolerance." And she is obviously not very careful to not drink and drive because she did! And apparently you and your husband were with her and let her drive. She shouldn't break the law if her job is so important to her.
Answered on Aug 27th, 2013 at 2:20 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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I am a California DUI defense attorney. The case you describe has a lot of very good facts, the grounds for the stop aren't included and as a defense attorney that would likely be where my attack on the State's case would begin. Low level DUI cases can be won, your friend is looking at losing her job it is well worth consulting with a DUI defense lawyer to determine what can be done.
Answered on Aug 27th, 2013 at 2:20 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You can help her find a good attorney to represent her. The police only have to read her rights after they place her under arrest and start to ask her questions. If they don't, any answers that she gives can be excluded from evidence.
Answered on Aug 27th, 2013 at 2:20 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You said she blew a 1.0. I assume you mean a .10. The legal limit is .08, which means her breath test was above that. If the breath test is accurate, which it probably is (unless you can show the machine was not functioning properly), then no matter how she performed on the field sobriety test, the law says that by having a breath test above. .08, which your friend did, she is guilty of DWI.
Answered on Aug 27th, 2013 at 2:20 PM
She needs to hire a DUI specialist, and do it soon because she has only 10 days to save your license.
Answered on Aug 27th, 2013 at 2:20 PM