mbuttrey66
Junior Member
What is the name of your state? California
Well it happened....after 23 years of driving in a DUI **** County I finally got a DUI.
There are some special circumstances.
1: On November 25th, 2007 I was pulled over a 1am for having no plates on a new Minivan (yes Minivan) that I had just recently purchased. IT DID HAVE TEMPORARY OPERATING PERMIT IN BOTTOM RIGHT CORNER OF BACK WINDOW.
2: I have always followed the guidelines of the DMV suggested amount of alcohol for weight so as to keep under the current .08% BA. I'm 6'3 245lbs (dmv pamphlet stes 2-3 drinks per hour)...I had a total of 6 pints of Budweiser from 6pm-12pm...then stopped for an hour b4 driving home. I had a very large burrito @ 7:30pm, and a cinnimon roll @ 12:30am. Somehow breathalyzer showed .17%.
3: After seeing breathalyzer comeback with high reading, I informed the arresting officer that I would like to take blood test....he then arrested me and took me to hospital for blood test. Blood test would eventually come back .18%
Now the questions:
1: Should I keep fighting and go to trial?
a: It has been over six months, and I heard that if you retest the blood test after a certain amount of time it will be inaccurate.
b: I really don't think I was that impaired. I have been pulled over many, many times and been run through the whole tests and breathalyzer thing b4 (with far more alcohol in system), and never blown over .05%.
c: When officer came up to window he then stated that he saw the temp regs. Then ran me thru a ton of questions.
2: Should I hire a private attorney? I have a really good public defender that just last week got my wife's DUI dropped for being borderline BAL. This county is where the California Highway Patrol send all their new recruits for training.
THANKS FOR YOUR HELP!
Matt
Well it happened....after 23 years of driving in a DUI **** County I finally got a DUI.
There are some special circumstances.
1: On November 25th, 2007 I was pulled over a 1am for having no plates on a new Minivan (yes Minivan) that I had just recently purchased. IT DID HAVE TEMPORARY OPERATING PERMIT IN BOTTOM RIGHT CORNER OF BACK WINDOW.
2: I have always followed the guidelines of the DMV suggested amount of alcohol for weight so as to keep under the current .08% BA. I'm 6'3 245lbs (dmv pamphlet stes 2-3 drinks per hour)...I had a total of 6 pints of Budweiser from 6pm-12pm...then stopped for an hour b4 driving home. I had a very large burrito @ 7:30pm, and a cinnimon roll @ 12:30am. Somehow breathalyzer showed .17%.
3: After seeing breathalyzer comeback with high reading, I informed the arresting officer that I would like to take blood test....he then arrested me and took me to hospital for blood test. Blood test would eventually come back .18%
Now the questions:
1: Should I keep fighting and go to trial?
a: It has been over six months, and I heard that if you retest the blood test after a certain amount of time it will be inaccurate.
b: I really don't think I was that impaired. I have been pulled over many, many times and been run through the whole tests and breathalyzer thing b4 (with far more alcohol in system), and never blown over .05%.
c: When officer came up to window he then stated that he saw the temp regs. Then ran me thru a ton of questions.
2: Should I hire a private attorney? I have a really good public defender that just last week got my wife's DUI dropped for being borderline BAL. This county is where the California Highway Patrol send all their new recruits for training.
THANKS FOR YOUR HELP!
Matt
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