I am 20 and live in PA
I got an underage in March. Plead guilty, the judge was great, got off with $120 fine and license suspension. I took that underage because I was guilty of it (although the cops were questionable) and lost my license for 6 months. I got an Occupational license and currently am working 2 jobs to pay for studying abroad this fall. I work 80 hour weeks. One job is a bar and grill restaurant.
A saturday night, I got off very late as can be imagined. I was driving on my route home.It was around 1am. I was very tired, as I always am. (working 8am-1am). Turned right on a red light after stopping completely, but got pulled over because there was a no turn sign. Unfortunate. Then the officer saw my "Limited License", asked me where I was coming and going to...Said I turned right on red. Asked if I'd been drinking, I said "No", said he smelled alcohol, I said "I work at a bar, it gets spilled on me all the time". He said that was believable, but I had to prove it...I did a small sobriety test, followed his pen in the air. Then he breathalyzed me. I asked what would happen if I didn't want to take it, basically out of curiosity (from my previous experience). He said he'd arrest me and take me to the station. So I took it. It read .01 then went up to .03. I just frowned at it. He said "You have been drinking, you lied to me". I just went on about how I was going home after working 2 jobs to go abroad and already had an underage, but he cut me off and said he was going to just give me citations, even though I should get a DUI. I said ok. Got the traffic citation, an underage, and a "minor operating vehicle with alcohol in system".
I'm pleading not guilty. I did research and have found that many (non-alcoholic) factors can make a breathalyzer react. I found that smoking a cigarette can make it appear that I have alcohol to the device. I am hypoglycemic, and read that my low blood sugar gives me high levels of acetone, which is read on a breathalyzer. Being hypoglycemic, I must eat small meals throughout the day. I work 2 jobs. 1 break per day. So I eat lunch, but never dinner. I'll be lucky to eat some sourdough toast around 9 or 10 at the restaurant to keep me going. Sourdough bread contains certain types of alcohols with very similar molecular structures to the alcohol those devices read. Even cell phone and police interference can mess with the device. And, of course, if it was never properly calibrated, it would be off (which is probably unlikely)
I am wondering: Because of the low reading, the fallible device, and these multiple factors statistically raising readings, will a judge null my readings as proof of my convictions? How concrete do they consider these readings? Especially a .03. I have heard that between a .01 and .02, charges can be made lenient. But a .03? The of age legal limit is .08.
Second question: If the judge still finds me guilty, is there any way he or the cop could make my charges greater, such as giving me a DUI after the fact?
I find it ridiculous that I am getting both of these alcohol charges based on a .03 from a device that could be affected by a list of other things. I went through this already, when I was very guilty of it, and do not want to lose my license again-this time for a year with no OLL allowed. I'm 20 years old. Please advise.
I got an underage in March. Plead guilty, the judge was great, got off with $120 fine and license suspension. I took that underage because I was guilty of it (although the cops were questionable) and lost my license for 6 months. I got an Occupational license and currently am working 2 jobs to pay for studying abroad this fall. I work 80 hour weeks. One job is a bar and grill restaurant.
A saturday night, I got off very late as can be imagined. I was driving on my route home.It was around 1am. I was very tired, as I always am. (working 8am-1am). Turned right on a red light after stopping completely, but got pulled over because there was a no turn sign. Unfortunate. Then the officer saw my "Limited License", asked me where I was coming and going to...Said I turned right on red. Asked if I'd been drinking, I said "No", said he smelled alcohol, I said "I work at a bar, it gets spilled on me all the time". He said that was believable, but I had to prove it...I did a small sobriety test, followed his pen in the air. Then he breathalyzed me. I asked what would happen if I didn't want to take it, basically out of curiosity (from my previous experience). He said he'd arrest me and take me to the station. So I took it. It read .01 then went up to .03. I just frowned at it. He said "You have been drinking, you lied to me". I just went on about how I was going home after working 2 jobs to go abroad and already had an underage, but he cut me off and said he was going to just give me citations, even though I should get a DUI. I said ok. Got the traffic citation, an underage, and a "minor operating vehicle with alcohol in system".
I'm pleading not guilty. I did research and have found that many (non-alcoholic) factors can make a breathalyzer react. I found that smoking a cigarette can make it appear that I have alcohol to the device. I am hypoglycemic, and read that my low blood sugar gives me high levels of acetone, which is read on a breathalyzer. Being hypoglycemic, I must eat small meals throughout the day. I work 2 jobs. 1 break per day. So I eat lunch, but never dinner. I'll be lucky to eat some sourdough toast around 9 or 10 at the restaurant to keep me going. Sourdough bread contains certain types of alcohols with very similar molecular structures to the alcohol those devices read. Even cell phone and police interference can mess with the device. And, of course, if it was never properly calibrated, it would be off (which is probably unlikely)
I am wondering: Because of the low reading, the fallible device, and these multiple factors statistically raising readings, will a judge null my readings as proof of my convictions? How concrete do they consider these readings? Especially a .03. I have heard that between a .01 and .02, charges can be made lenient. But a .03? The of age legal limit is .08.
Second question: If the judge still finds me guilty, is there any way he or the cop could make my charges greater, such as giving me a DUI after the fact?
I find it ridiculous that I am getting both of these alcohol charges based on a .03 from a device that could be affected by a list of other things. I went through this already, when I was very guilty of it, and do not want to lose my license again-this time for a year with no OLL allowed. I'm 20 years old. Please advise.
