Your word versus his? He wins. He is a neutral, you are inherently biased, as far as the court is concerned. What admissible evidence and proof do you have in the form of independent witness testimony to back up your claim and provide you a defense? Remember, most agencies have video in the patrol cars and booking areas, to rebut such claims and show how intoxicated defendants were. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. A little free advice: If arrested for DUI, whether alcohol or drugs, then upon release from jail or booking, the defendant is given documents that include a notice that he has only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of license imposed by DMV upon arrest. That is separate and runs consecutively with any suspension that may be imposed by DMV or the court upon conviction. Contact DMV and do so, n timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing to present your supporting evidence and witness testimony. If you don't know how to do these things effectively, then hire an attorney that does.
Answered on Dec 20th, 2012 at 2:57 PM