Philadelphia, PA criminal defense attorney Brian Fishman explains why just because you blow over a .08 it doesn’t mean you should throw in the towel.
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So just because somebody blows over the legal limit of .08 doesn’t mean you should just fold up the tent and plead guilty or admit wrongdoing. There are all types of ways to attack a DUI offense. First of all, were you in the car when the police came up to you? Maybe you were in a parking lot and you were standing next to a car and your girlfriend was there also. And it’s your position that I wasn’t diving the car, my girlfriend was driving the car and the reason that I’m under the influence and she’s not is because she was my designated driver. So don’t just assume that because you blow over the legal limit that they can prove the driving aspect of a DUI.
Now, of course, in a situation where they pull you over and they see you behind the driver seat operating the motor vehicle they know that. However, you are able to also challenge whether or not the blood or breath test is accurate. Did they calibrate the system that they’re using to take the chemical testing? Was there some sort of mistake made by a chemist or by the officer who was taking the blood test? Or before you even get to that point, you may be able to challenge the admissibility of that .08 alcohol test. So just because you blew and you blew a .08 the officer may not have had the right to have you blow because they didn’t have enough, they didn’t have sufficient evidence to necessitate a breath or blood test and you may be able to get that test thrown out and then they can’t prove their case.