I recieved an ovi at noon after a night of drinking. I passed all field tests except horizontal stigma.
What makes you think that you "passed" all the tests? I suspect if you read the report you will find that there were articulated "clues" of impairment in one or more of those other tests.
I then blew a .118. I went out drinking the night before, but didn't drink enough to blow a .118.
The "night before?"
How many hours had passed since you stopped drinking? What is your gender and approximate weight? How much alcohol and what types of drinks do you think you had consumed? Did you eat?
The arresting officer was chewing tobacco during the arrest. Which seems to be highly unprofessional.
I agree.
He also asked me if I wanted to bet that I wouldn't blow a .000. Also, I read an article on smokeless tobacco can spike readings. Could he have contaminated the mouthpiece?
I've read articles that claim aliens walk among us. All because I read it does not make it true. Same with that story.
But, assuming it is, did you ever see the officer blow into the device? I doubt it.
Contact legal counsel ASAP. A competent DUI defense attorney will know how to evaluate the officer's report for potential gaps or holes that could work in your favor. It might also tell him that the case is strong and it is time to enter into a plea deal. What the penalties and potential diversion are will depend upon the state you are in ... something you failed to indicate.
