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How do i beat a breath test? this was the only one given. This is my 1st

2006-08-30 18:15:14 · 6 answers · asked by wwlic2kil 1 in Politics & Government Law & Ethics

6 answers

There are some proprietary Web sites that give decent advice:
http://www.sandiegodui.com/defenses.html
http://www.1800duilaws.com/article/breathanalysis.asp
http://www.drunkdrivingdefense.com/general/breath-tests.htm
http://www.1800duilaws.com/common/chemtest.asp
http://www.southern-california-dui-defense.com/fight.html

Official California DMV info:
http://www.dmv.ca.gov/dl/driversafety/dsalcohol.htm

And there are many others; but I think the above exhaust what there is to say about defenses.

A lot depends on the facts of your case. If you are going to defend on technical points you probably won't be able to do it well by yourself, and you will need a lawyer and perhaps an expert witness. These are not cheap.

If you speak to a lawyer, ask him or her the succes rate. And also, given your facts, whether a defense is cost-effective.

Finally, whatever you do, attend court once or twice before your own hearing to get a feel of how these cases work. That will make you less apprehensive at your own trial.

2006-08-30 18:21:12 · answer #1 · answered by Anonymous · 2 0

you are going to be able to think of which you have been basically sitting in a vehicle in Oregon, yet that isn't the inspiration of your conviction. the two Oregon and California require "driving" for a "driving under the impact" conviction. meaning you're controlling a motor vehicle in action. It does not rely in spite of if the engine is working, it is not proper if the vehicle is being towed, it is not proper while you're protecting the steerage wheel from the passenger's seat, in spite of the shown fact that it DOES rely in spite of if the motor vehicle is shifting. in case you have been convicted of DUI in Oregon, it became the two shown or you admitted that the vehicle became shifting jointly as you have been on top of issues and at a .08% blood alcohol point or under the impact. i could be very fascinated in a citation to the regulation of ANY state which makes it a DUI to be in a vehicle which isn't, and has no longer been, pushed by using somebody under the impact or at a .08% BA point. i'm no longer conscious of this variety of regulation present everywhere. in actuality, as mikeysco says, if Oregon easily had a regulation making it a DUI to be under the impact in a table sure motor vehicle (which it does not), a conviction of such an offense might desire to no longer be used as a DUI earlier in California. in spite of the shown fact that, the conviction you have can, and could, be used as a prior conviction (assuming it became interior the previous 10 years). i might desire to stress that California (and Oregon, and the different state to my knowlege) punishes 2 countless issues as DUI. One is driving jointly as having a blood alcohol point of .08% or extra (each and every so often decrease for juveniles, etc.). the different is driving under the impact of any intoxicant, which incorporates criminal intoxicants like kava and prescription meds, no rely what your BA point could be. (i think of mikeysco is incorrect that there is any distinctive rule for collisions; driving nonetheless must be shown, to boot using fact the BA point or being under the impact, it somewhat is in elementary terms that it particularly is rather obtrusive.) So, in case you have been somewhat basically sitting in a vehicle with the heater on, and did no longer circulate it jointly as under the impact or at a .08% of better BA point, then you particularly are no longer accountable of DUI in California. I a technique or the different think of that the police might have a distinctive tale.

2016-09-30 04:54:32 · answer #2 · answered by kroner 4 · 0 0

It's bad

2016-07-27 11:56:50 · answer #3 · answered by Anonymous · 0 0

you can't beat a breath test unless you can prove the equipment was faulty

2006-08-30 18:21:16 · answer #4 · answered by ? 7 · 0 0

Give it up. You are guilty. Be glad you didn't kill any one. Just take the assigned risk and accept that you a guilty.

2006-08-30 18:21:18 · answer #5 · answered by eric l 6 · 0 0

Can someone tell what is the correct answer for this question?

2016-08-23 05:47:18 · answer #6 · answered by Anonymous · 0 0

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