QUESTION
What are my chances if the cop didn’t take my blood or administer a breathalyzer test within two hours?
Asked on Nov 07th, 2012 on DUI/DWI - California
More details to this question:
I was in an accident, totalled the car and was charged with DUI. I was given a breathalyzer and a blood test. The results of the test have not come in yet but the breathalyzer said that I failed. This is my first offence of any kind.
8 ANSWERS
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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A lot of variables here. You need to speak to a dui attorney in more detail about your case. Feel fee to call me at 818-336-1384 to discuss further.
Answered on Nov 09th, 2012 at 6:10 AM
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It's hard to know what the best avenue of defense is, without knowing more about your case. At some point, you will find out how much you failed the breathalyzer by. That information could be critical to how you move forward.
Answered on Nov 09th, 2012 at 5:17 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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At one point you say there wasn't a breath test, then you say there was. Whenever there is an accident and someone is injured, then a blood test will be taken. You say that there was. I imagine the results of that test are back, even if you may not be privy to the results at this point in time. Blood tests are far more indicative of blood alcohol content than is a breath test. You don't say how long ago this DUI happened, but I suspect that you are going to be charged. My advice: hire an attorney.
Answered on Nov 09th, 2012 at 5:13 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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A prosecutor will need to proceed with some test results. If they have no breath test results, they will wait and see what the results of the blood test are. Other factors will be used to establish erratic driving if present. You should consult with an attorney to discuss all evidence, possible defenses and how best to proceed with this case.
Answered on Nov 09th, 2012 at 4:41 AM
Michael J. Breczinski
The issue of how long after the incident goes to the weight that is given to the evidence not it's admissibility. Get a good attorney.
Answered on Nov 09th, 2012 at 4:30 AM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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This would be a rising blood alcohol defense. However, one must proceed with caution of you took a breathalyzer at the roadside.
Answered on Nov 09th, 2012 at 4:25 AM
John J. Carney
You should retain a good criminal lawyer to investigate the case. He will make motions to examine the documents and see if the test was done properly, the machine was working, and the test was done within two hours. Almost everyone is convicted of at least DWAI, unless they are unable to prove operation of the vehicle.
Answered on Nov 09th, 2012 at 4:23 AM
Legally they have 3 hours to administer the test (after driving). You should hire a DUI specialist soon, because you have only 10 days to save your license.
Answered on Nov 09th, 2012 at 4:23 AM