ninjamaster
Junior Member
What is the name of your state? California
I got an underage DUI for having a .01 and .09 BAC on two breathalyzer tests. Can someone explain to me how the BAC went up that fast within a minute after taking the first test? What actually happened was I blew into the machine as hard as I could the first time then the officer gave me about a minute to rest. I blew as hard as I could the second time and it made the noise to say it was done. The offficer however, told me that I need to do it again and he did not give me rest this time so I was out of breath and blowing as hard as I could into the machine again. I read somewhere that blowing makes the alcohol from your lungs go into the machine and without giving me proper rest there was some alcohol left in my mouth from the 2nd test and this could have been included in whatever was left in my lungs.
If this is true, isn't this grounds for something like failure to administer the test correctly? I asked my lawyer and he said this sort of stuff always happens but I'm not too sure. He doesn't seem very knowledgeable about the DUIs and stuff. I tried to give him some ideas for defense that I had researched on the internet but he didn't bother to listen.
My administrative hearing has passed and my license was suspended. My court date has also passedand they chose not file a case against me. My license has been suspended since September. My lawyer has said that he will try to get my license re-instated because since they did not file a case against me, it means there is no grounds for a suspension. Is it really possible for me to get my license back before the 1 year suspension is over? If this is the case, will my insurance still be high because of the DUI charge, even though there was no file cased?
Also, my court date was in October and my lawyer said that he would write a letter to the DMV hearing judge making the case to get my license re-instated. It has been almost 3 months now and we still have not heard anything from the lawyer. He never answers or calls back. He answered one time I think and said he was working on some big trial in another city and had to be REMINDED to call the DMV. Is there anything I can do?
I got an underage DUI for having a .01 and .09 BAC on two breathalyzer tests. Can someone explain to me how the BAC went up that fast within a minute after taking the first test? What actually happened was I blew into the machine as hard as I could the first time then the officer gave me about a minute to rest. I blew as hard as I could the second time and it made the noise to say it was done. The offficer however, told me that I need to do it again and he did not give me rest this time so I was out of breath and blowing as hard as I could into the machine again. I read somewhere that blowing makes the alcohol from your lungs go into the machine and without giving me proper rest there was some alcohol left in my mouth from the 2nd test and this could have been included in whatever was left in my lungs.
If this is true, isn't this grounds for something like failure to administer the test correctly? I asked my lawyer and he said this sort of stuff always happens but I'm not too sure. He doesn't seem very knowledgeable about the DUIs and stuff. I tried to give him some ideas for defense that I had researched on the internet but he didn't bother to listen.
My administrative hearing has passed and my license was suspended. My court date has also passedand they chose not file a case against me. My license has been suspended since September. My lawyer has said that he will try to get my license re-instated because since they did not file a case against me, it means there is no grounds for a suspension. Is it really possible for me to get my license back before the 1 year suspension is over? If this is the case, will my insurance still be high because of the DUI charge, even though there was no file cased?
Also, my court date was in October and my lawyer said that he would write a letter to the DMV hearing judge making the case to get my license re-instated. It has been almost 3 months now and we still have not heard anything from the lawyer. He never answers or calls back. He answered one time I think and said he was working on some big trial in another city and had to be REMINDED to call the DMV. Is there anything I can do?