FeelLikeAnIdiot
New Member
Hi and I thank you all in advance for any advice you might have to offer.
I was arrested this morning shortly after 2am for DUI in San Bernardino County California. I had consumed 5 beers from 10:45PM-1:45AM, I'm a 195lb. male obviously it was not a smart idea to drive by any stretch of the word but I was not feeling the effects of alcohol and even calculated my BAC using an app on my phone before leaving (NOT saying I expect this method to be accurate or would I ever recommend it) and came up with .05 and thought I would be okay. I was given 3 FST tests and passed the first two without problem and the third was the "Hand pat" FST which I messed up on after the officer said "FASTER". Anyhow, I was given a PAS breathalyzer test and blew .092, I was arrested and taken to the county jail 12 minutes away, waited a few minutes, was seated and asked to sign a paper saying I was not taking any prescription drugs or under medical attention, asked if I would prefer a breath test or blood and chose breath (stupidly, as I don't much like getting poked with needles).
One officer mentioned to the other something about me being required to be seen by a nurse, and the other responded "we'll just push this one through", and I was led to another room and required to blow into a breathalyzer machine two times, at this time I blew a .08
I was in disbelief, but after being release from jail 8 hours later, I began doing research. The issue of mouth alcohol has come to my attention. I consumed my last beer just over 15 minutes before being pulled over, did not eat or drink anything after, and currently have crevices in the back of my gums where my wisdom teeth have grown in and my gums basically are wrapped loosely around the tooth. I suspect beer is very likely to remain trapped here (food admittedly, albeit gross, certainly does.) and artificially inflate the value of a breath test.
Do I have any shot of a case here if I get a lawyer and have a dentist photograph/xray my teeth and gums and present this as evidence? Or am I just throwing my money away to try?
Thanks so much,
FeelLikeAnIdiot
I was arrested this morning shortly after 2am for DUI in San Bernardino County California. I had consumed 5 beers from 10:45PM-1:45AM, I'm a 195lb. male obviously it was not a smart idea to drive by any stretch of the word but I was not feeling the effects of alcohol and even calculated my BAC using an app on my phone before leaving (NOT saying I expect this method to be accurate or would I ever recommend it) and came up with .05 and thought I would be okay. I was given 3 FST tests and passed the first two without problem and the third was the "Hand pat" FST which I messed up on after the officer said "FASTER". Anyhow, I was given a PAS breathalyzer test and blew .092, I was arrested and taken to the county jail 12 minutes away, waited a few minutes, was seated and asked to sign a paper saying I was not taking any prescription drugs or under medical attention, asked if I would prefer a breath test or blood and chose breath (stupidly, as I don't much like getting poked with needles).
One officer mentioned to the other something about me being required to be seen by a nurse, and the other responded "we'll just push this one through", and I was led to another room and required to blow into a breathalyzer machine two times, at this time I blew a .08
I was in disbelief, but after being release from jail 8 hours later, I began doing research. The issue of mouth alcohol has come to my attention. I consumed my last beer just over 15 minutes before being pulled over, did not eat or drink anything after, and currently have crevices in the back of my gums where my wisdom teeth have grown in and my gums basically are wrapped loosely around the tooth. I suspect beer is very likely to remain trapped here (food admittedly, albeit gross, certainly does.) and artificially inflate the value of a breath test.
Do I have any shot of a case here if I get a lawyer and have a dentist photograph/xray my teeth and gums and present this as evidence? Or am I just throwing my money away to try?
Thanks so much,
FeelLikeAnIdiot
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