Is my case defensible? Good chance or no chance? I was at a freinds and didnt drink until just before i left the house. I took a huge chug of rum and decided to leave immediately afterwards before it kicked in(the guy in the car with me can testify to this). It was only 3 minutes n was pulled over because i had no running lights (apparently i blew a fuse in my truck). I passed all the field sobriety test besides standing on one leg for 30 seconds but a couple days before i have an injurie report i put in for work for hurting my hip and was put on lighy duty. I was breathlyzed an hour later. I was in the back of the cop car, not being observed by an officer(i had just threw up a little), n then got out and within 5 minutes took the test. They didnt check my mouth so there was chewing tobacco in the straw. They told me to spit it out and i explained that my mouth was to dry to get it all out. They had me blow again and then told me i was going to spend the night there and i blew a .16 which i never saw. They also never offered me a blood test(will they admit to that, yeah right!). I got my class a drivers license 3 weeks ago… i was arrested for a dui about 7.5years ago and a wet n wreckless abouy 8.5years ago. Is this defendable?
Yes. No criminal case is ever hopeless. If the officers did not do the fifteen minute observation period, did not remove the tobacco from your mouth, and did not offer to preserve a blood sample on your behalf, and your field sobriety tests were good – you’ve got a ton to work with.