Dustin_m
Member
not necessarily. it takes time for your the alcohol to get into your blood stream, so technically i could have drank the drinks, then took off home, got pulled over at a time when i was below a .08 (because it wasn't in my bloodstream yet), then blew a .10 at the station because now its in my blood. the thing about that is that the law states that the BAC that matters is the one at the time that i was driving, so therefore i would be ok if my BAC was legal at the time i was pulled over, regardless of what it was when i blew the test at the station.
a little update, i have hired a lawyer. its Mr. DUI as he's known here in San Diego. the other guy in the office is known as Mr. Ticket. for all of you who read Impot Tuner, he did an interview in it a while back. i can't remember the month or year, but the cover had a head-on shot of a blue EK with Lambo doors opened up with a girl posed in front of it. Well this guy knows his shit and i am reall confident with him taking care of it for me. As it turns out the CHP didn't follow any protocol for the breathalyzer test, both of them, so that is one angle of his defense, and if those get knocked out, then they basically have nothing. This guy is also the only lawyer in the county of San Diego to be certified on these machines to work on them and instruct people on the use of them, so he knows what he's talking about with them. he has a lot more stuff, but it is too in depth and i don't wanna write a novel here.
one interesting thing i learned last night though is about the innaccuracy of the PBT or preliminary breath test, which is the one they give on the side of the road. my lawyer did a special on the news here in SD a while back where he gave advice on what to do if you are pulled over. he also said, NEVER under any circumstances, take the PBT. then he demonstrated why. He had his wife, who is actually his secretary also, blow into the machine and it read a .00. Then he had her eat a piece of Wonder bread right there in the newsroom and blow into it again. Get this, it read a .08. No bullshit.
a little info for you guys. In CA, and i do believe this is nationally, you can refuse all field sobriety tests, includin the PBT, and of course you can invoke your 5th amendment rights and only have to answer questions about info on your drivers license. yea they will take you to the station and give you either a breath or blood test, but it is the accurate one so its better.
a little update, i have hired a lawyer. its Mr. DUI as he's known here in San Diego. the other guy in the office is known as Mr. Ticket. for all of you who read Impot Tuner, he did an interview in it a while back. i can't remember the month or year, but the cover had a head-on shot of a blue EK with Lambo doors opened up with a girl posed in front of it. Well this guy knows his shit and i am reall confident with him taking care of it for me. As it turns out the CHP didn't follow any protocol for the breathalyzer test, both of them, so that is one angle of his defense, and if those get knocked out, then they basically have nothing. This guy is also the only lawyer in the county of San Diego to be certified on these machines to work on them and instruct people on the use of them, so he knows what he's talking about with them. he has a lot more stuff, but it is too in depth and i don't wanna write a novel here.
one interesting thing i learned last night though is about the innaccuracy of the PBT or preliminary breath test, which is the one they give on the side of the road. my lawyer did a special on the news here in SD a while back where he gave advice on what to do if you are pulled over. he also said, NEVER under any circumstances, take the PBT. then he demonstrated why. He had his wife, who is actually his secretary also, blow into the machine and it read a .00. Then he had her eat a piece of Wonder bread right there in the newsroom and blow into it again. Get this, it read a .08. No bullshit.
a little info for you guys. In CA, and i do believe this is nationally, you can refuse all field sobriety tests, includin the PBT, and of course you can invoke your 5th amendment rights and only have to answer questions about info on your drivers license. yea they will take you to the station and give you either a breath or blood test, but it is the accurate one so its better.
