QUESTION:

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?

ANSWER:

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.

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