What happens when you get caught drinking and driving?

Rick Mueller is a San Diego DUI defense lawyer with a national reputation for successfully representing clients charged with Drunk Driving, DUI & DMV in San Diego.If you live in San Diego or visit here,Wouldn’t it be good to know a DUI attorney in the area?As a San Diego DUI Attorney, Rick Mueller has successfully saved the driving privileges of many clients in the past year alone.

California DUI Breath Test Defenses
Insufficient or broken observation period -no continuous observation for entire 15 minutes before first breath sample (e.g. Officer attempts to include transportation time as part of required observation period, goes to his trunk and/or walks around before removing you from police car, or you were left alone at anytime prior to taking the test -e.g. used restroom or telephone or placed in holding cell/room).


During those 15 minutes before the test, you burp, belch or have slight regurgitation of gas that is relatively quiet.


Vomiting, belching within 15 minutes of test - no rinsing of mouth, or inadequate deprivation period before retest.


You may not be a proper subject for breath testing. You have a physical problem or health limitation:
gastric reflux, hiatal hernia or intestinal problem (e.g. Gastro Esophageal Reflux Disease, Irritated Bowel Syndrome, or Acid Reflux Syndrome) diagnosed and treated before date of arrest;
dental condition (e.g. gum disease/gingivitis/pockets around roots, dentures or bridgework which may trap mouth alcohol and contaminate a breath machine sample); or
respiratory problem (e.g. asthma, bronchitis, emphysema or chronic obstructive pulmonary disease).


Your behavior or actions do not match test results (e.g. shown by independent witnesses).


The breath test room or circuitry has a problem (e.g. Radio Frequency Interference from a cell phone, officer's radio, copy machine or other equipment with surge capabilities) which may cause machine to give artificially high reading; smoking in or near machine; shared power supply with heater or other appliance - must be dedicated "clean" electrical source; or recently painted walls or trim).


You have had recent environmental exposure to volatile fumes (lacquer, gasoline, paint, dry cleaning fluids or even 409) which have cumulative reading, causing chemical interference/falsely elevated result.


Air bag defenses - "the Tyndall effecf' - diffusion of light; propellant exposure; cut lips; lung and airway irritation & fluid build-up from caustic gas propellant.


Video tape refutes the high reading, supports sobriety.


High test result, yet you never urinate for 3 to 4 hours or more - physiological impossibility.
(......)
hopefully reminding yourself that you should never need him. ^_^