QUESTION
On a DWI with endangering welfare to a minor, do I have a case if the breathalyzer test took 1 ½ hours to perform and lack paperwork?
Asked on Aug 05th, 2013 on DUI/DWI - Michigan
6 ANSWERS
Michael J. Breczinski
That is one way to try to fight the case. Without knowing all the details I can't advise you anymore.
Answered on Aug 08th, 2013 at 6:57 AM
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Aug 06th, 2013 at 8:17 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Under California law a chemical test that is acquired within three hours of the time of driving is presumptive of the blood alcohol concentration at the time of driving. There are many ways that a lawyer can rebut the presumption, one (or more) of these ways may be applicable to the facts in your case. You should contact a DUI defense attorney and discuss the facts of your case and the possible defense and outcomes. In California, child endangerment is a very serious charge but can often be defeated in the context of a DUI by a competent DUI defense attorney.
Answered on Aug 06th, 2013 at 3:05 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Not necessarily. They have two hours to perform the test. However, let's assume that the test is inadmissible. The breath result is only one prong of the DWI statute. The other prong of the test is" driving affected to an appreciable degree by the consumption of alcohol and or drugs". If there is sufficient evidence, you could be convicted even without the breath test. Since I do not know what evidence that is, I can't say.
Answered on Aug 06th, 2013 at 11:30 AM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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Perhaps. Test is valid up to 3 hrs after alleged driving.
Answered on Aug 06th, 2013 at 10:44 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is extremely serious charge, and the fact that there has been a significant period of time between the incident and the breathalyzer is potentially significant.
Answered on Aug 06th, 2013 at 10:36 AM