You\’re young, and your friends love to head out to clubs throughout L.A. County. While most of the time you are the designated driver, last time you opted to have a drink or two while you were out. You felt fine when you got into your car, but after you had to slow down quickly for a hidden stop sign, a police officer pulled you over thinking you were intoxicated. The breath test came up as .08, but there\’s no way you could have been that intoxicated. What can you do?
Question the validity of the test
The first thing you can do is to question the accuracy of the test. If you only had two drinks and waited an hour or two before driving, it\’s not likely that your blood alcohol concentration was that high. Did you burp or have indigestion during the test? This can make the test read out higher than the true BAC. The Breathalyzer could also be damaged or working incorrectly, which could cause an inaccurate reading.
Question the administration of the test
If an officer was not properly trained in administering a breath test, it\’s possible you could have the test removed from evidence. If other factors could also be at play, like the failure to calibrate the test, the courts should consider this.
Question the chain of custody
To make sure a blood test hasn\’t been tampered with, the officer and testing facilities keep track of where the test is at all times. If there is no information on where the test was or tampering is evident, then you can ask that the evidence is sealed and not used to prosecute you.
Your attorney has several options for defenses, depending on your situation. Be honest, and you can come up with one that helps your case.