Was the driver .08% or greater AT THE TIME OF DRIVING? This is the key question in a San Diego DUI case where the officer finds the driver on the side of the road.
The government assumes that if they are over .08% when there is a test that the person MUST have been over the limit at the time of driving. They will even use math to tack on alcohol content because of the burnoff. They will dismiss the drivers claim of how much they drank but will hold them like the gospel when asking how long they have been pulled over.
Someone could of pulled over for the following reasons:
-They are tired
-They wanted to talk on the phone
-They were parking and drank in the car (to think or get away from a situation).
-They need to find directions and decided to stay awhile.
-They are lost
and several other reasonable reasons. These issues need to be part of a DUI defense investigation.
Call our office for a free case evaluation at (858) 751-4384.
Below is a case on a former college basketball star who was arrested in a case like what we are talking about.
Ex-Duke basketball star Chris Duhon was arrested for extreme DUI on Monday morning after cops found him passed out in his car with the engine running …
Cops responded to a call of a “man down” around 4 AM in Eleanor, West Virginia. Officials say officers found 33-year-old Duhon, who is currently an assistant basketball coach at Marshall, fast asleep in his Ford Escape with the keys still in the ignition.
When they woke him up, cops say they noticed Duhon’s eyes were red and his speech was slurred. He was taken to the Putnam County Court House after failing three field sobriety tests.
This is where it gets crazy … cops say Duhon took a breathalyzer test while getting booked and blew a .202 … more than TWO AND HALF times the legal limit.
Duhon was released on $1,000 bond and has been suspended by the Marshall athletic department for “violating the department’s rules and policies.”
Duhon was a stud at Duke from 2000 to 2004 — winning a national title in 2001 — and later spent 9 seasons in the NBA.
The full article can be found here.