Quote:
Originally posted by OFFBEAT
FOR A DUI CASE WHERE A BREAH EVIDENCE WAS SUBMITTED WHAT WOULD BE AN OPTION TO ARGUE WITH THE JUDGE IF YOU WERE TO CONTEST IT
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The most common elements for DUI are
1) Blood alcohol level above the state's legally drunk rate (in CA it's .8)
2) You were driving
Element #1 is usually attacked by 1) arguing that the police did not follow procedures 2) the sampling device was not "refreshed" from prior tests before sampling you 3) too much time elapsed between the breath sample and analysis
Element #2 is hard to attack if you were caught driving. However, if you were passed out on the road while in your car, there are possibilities that may explain this. Perhaps, your friend was driving you and the car ran out of gas so he took off to get gas. In the meantime, in your drunked stupor and fear for your property you went to the driver side and passed out. This is just a possibility, and I am not advocating it
Most DUI cases are plead down to reckless driving or other lower charges that have less impact on your ability to drive and your freedom.