are these grounds for throwing out DUI>?

[bad_news]

CALIFORNIA
San Jose
Bay Area


2:00 am I am driving home from buddies house on 101 highway.

I go to exit when CHP pulls me over and says I was swerving, asks me to see my license and registration.

Then he asks me if I had drinks tonight which I say yes had beers earlier in the night but feel sober.

Asks to step out of the vehicle and perform 3 test that i feel I passed as I was not feeling intoxicated at all (follow the light, head back and count, balance on one leg) He says "Pretty good" "now I need you to do one more"

I do the breathalyzer which I believe wouldn't read. So I am out there for 30 minutes in freezing weather.

Then another unit arrives with 2 CHP officers and the officer that pulled me over leaves once they arrive.

The new CHP officers repeat all the tests all over again including breathalyzer (by this time they have done about 7 tests total) they then cuff me and take me in. At the booking station after 6 tries finally get a reading of .11 so i get booked/arrested.

So my question is: If there has to be probable cause for the officer to pull me over in the first place that then leads to me getting a sobriety test, shouldn't the officer that "witness me swerving" be the officer that administrates the sobriety test that deems me as DWI? Can they test you as many times as they want to?

[InsaneJane]

Too bad you did stop after he said you did "Pretty good".
Sounds like you had passed at that point. You didn't have to do anymore.

[FlyingRon]

Actually, he should have stopped after the "Have you been drinking?" question. "Pretty Good" is not an indication that he has not noted an intoxication. A passing grade would be, here's a ticket for weaving, have a nice night.

If there was probable cause for the stop, that's all that needs to be met. The same officer doesn't need to pursue the investigation all the way through.

[BigMistakeFl]

They brought in the cops with more experience to further the testing. It's not uncommon, and this will only serve to build a stronger case against you. As for the breath test which "wouldn't read", this could be your fault. Carl can explain better, and will perhaps post something about your FST's.

(I'm going to beat Ron to it this time).....

2:00 am I am driving home from buddies house

Wouldn't that be "buddies' houses"?

[bad_news]

Originally Posted by BigMistakeFl

They brought in the cops with more experience to further the testing. It's not uncommon, and this will only serve to build a stronger case against you. As for the breath test which "wouldn't read", this could be your fault. Carl can explain better, and will perhaps post something about your FST's.

Actually the second CHP officers that arrived at the scene, one was rookie and actually told me this was his first DUI. Figured that the more cops involved the worse it would be for me as I would be fighting the word of 3 cops.

[bad_news]

Originally Posted by FlyingRon

Actually, he should have stopped after the "Have you been drinking?" question. "Pretty Good" is not an indication that he has not noted an intoxication. A passing grade would be, here's a ticket for weaving, have a nice night.

If there was probable cause for the stop, that's all that needs to be met. The same officer doesn't need to pursue the investigation all the way through.

Figured much. Sucks to be me!

I don't care about the fines or DUI classes or 4 month license suspension just worried about my insurance since I already pay $$$ since I am a single 26 year old male with a new BMW. I'm an idiot!