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That depends. I have a client that, in my opinion, did everything absolutely perfectly. He was stopped, made no admissions, he didn’t do the PBT, or the field sobriety test. He was arrested. He took pictures of his own eyes to demonstrate that they were not red, bloodshot and watery. The officer who drew his blood even said the defendant didn’t look impaired and it must be some sort of joke because he wants to go through the process.
Apparently, if someone exercises their constitutional rights, police think they want to be prosecuted, which is just absurd. It’s as if they had three choices; win a million dollars, be arrested, or go home, and they chose to be arrested.
The whole thing was strange because he did everything perfectly, and his blood results came back below a 0.025. The citation includes every DUI count under the sun, including a charge that he had a BAC of 0.20 charge, with the citing officer saying, “I have no clue what his BAC is because he didn’t do anything. He wasn’t a witness against himself, so I’m just going to guess and put them all on here.” Another officer said within 20 minutes that this guy is clearly not impaired.
So, here you have one officer citing him for a BAC level that’s very, very impaired, with another saying he didn’t even look impaired and a blood work that comes back below a 0.025. What they mean when they say “below 0.025 that it was too low to get a reading; all they would report is “below 0.025.”
The prosecutor refuses to dismiss it, however, saying that they plan to retest the blood and fish around and see if they can find something he did that might have violated some law. As you can see, it’s really hard to stop a DUI from being prosecuted, so obviously, you need an attorney to protect your rights. Even when you do everything perfectly, it’s still a battle. It’s not fun.