Q: I was arrested for DUI this past weekend. I have a prior offense in 2009. Is there any chance of fighting this off? I was pulled over for failure to maintain lane at 4:30 AM on my birthday( Friday, May 10th) after having waited a couple hours to leave my friend’s. I was certain I was ok to drive because I drank very little and much time had passes. I was questioned , and later agreed to take the breath test at the station believing cooperation would help in the long run. I was not told how I did on the FSTs. I blew a .087 (pretty low, yet high for the amount I drank) and booked at arund 5AM. I stayed in jail all of that day and released on bond saturday afternoon 33+ hours later. Could there have been a mistake on the breatheralyzer? I did vomit before I left becasue of food poisoning, and I was told that could have affected the reading.
A: You do have a defensible case. One of the defenses would be the possibility of a contaminated breath sample due to “Residual Mouth Alcohol”- caused by your vomiting. This is one of the topics I discuss in my book, Protect and Defend. The officer should have checked to ensure that the breath samples you provided during the Intox 5000 breath test were uncontaminated. In order to do this you are supposed to be monitored for at least 20 minutes prior to taking the Intox 5000 to ensure that you haven’t burped, vommited or had acid reflux ect. The officer should have inquired if you had vomited and allowed you to rinse your mouth and restart the 20 minute waiting peroid. Additionally, you should make sure to keep a list of the witnesses that saw you when you were sick. They will be impoetant in showing the possibility of a contaminated breath sample. Finally, your best defense to this charge will be to hire the best DUI Defense Attorneythat is available to you ASAP! A qualified and experienced DUI Defesnse Attorney will be able to guide you through the complexities of a DUI case and provide you with the best means of a successful resolution in your case. I hope this information has been helpful. Good Luck!