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Can you get a DUI when your Breath is 0.00? Can you ask for a Blood Test? Can you Sue the Police?~ Chosen as “Best Answer” on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     I was arrested for a DUI with a negative breathalyzer.  I was driving for work (class A truck) and went through a yellow light that turned red. When the officer pulled me… Scroll down to read more!

October 15, 2015 / Michael A. Haber /
Q:     I was arrested for a DUI with a negative breathalyzer.  I was driving for work (class A truck) and went through a yellow light that turned red. When the officer pulled me over he immediately asked if I had been drinking. Which I denied and explained that I was returning from Michigan. He did a field sobriety test and said I was “wobbly”63. on one leg which I explained I had been driving 10 hrs. I had a negative breathalyzer and he arrested me anyways, impounded the truck and was held without bond 17 hours. I demanded a blood test. I am now out on PR awaiting trial for a DUI. How is this legal and how do I proceed? What’s the likelyhood of this being thrown out and can I counter sue? Since I cannot work until this is cleared up.
A:    Chosen as “Best Answer” by Asker on www.Avvo.com

2 lawyers agreed with this answer

John O. Knappmann
John O. Knappmann
DUI / DWI Attorney – Trenton, MI
Ethan Patrick Meaney
Ethan Patrick Meaney
DUI / DWI Attorney – Minneapolis, MN

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Answered . 1) Keep your eye on the prize and do not lose the forest through the trees. Before you even contemplate revenge / a lawsuit for damages you must first beat your criminal case.

2) Hire a skilled and experienced local criminal defense lawyer who’s practice centers around DUI defense litigation. DUI cases are highly technical in nature and you need someone who is intimately familiar with the rules and loopholes to successfully defend you.

3) Insofar as rules and procedures go I cannot speak to anywhere by FL but in FL you have a right to a blood test upon request and willful failure by law enforcement to provide you with the same can be the basis for a dismissal of DUI charges (again, that’s true in FL, I do not know about your jurisdiction and this is why you need to consult with a skilled and experienced local criminal defense lawyer who’s practice centers around DUI defense litigation).

4) Again, I cannot speak to anywhere by FL but in FL you can be charged with (and convicted of) DUI with a 0.00 BAC under the “impairment theory”. If a Judge or Jury believes that your normal faculties were impaired due to alcohol or controlled substances then you can lose (again, why you need to consult with a skilled and experienced local criminal defense lawyer who’s practice centers around DUI defense litigation).

5) See #1 above ( Keep your eye on the prize and do not lose the forest through the trees. Before you even contemplate revenge / a lawsuit for damages you must first beat your criminal case.)

Wishing you good luck and hoping that I have been helpful in answering your question.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) less

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Posted about 3 hours ago.
Thank you for your help. I did demand a blood test which they complied with. The results were not available when I was released on PR.
Michael Adam Haber
Michael Adam Haber, DUI / DWI Attorney – Miami, FL
Posted about 1 hour ago.
If any controlled substance shows up in your blood – including Rx meds that you may not have taken for days but trace amounts of which may exist – then you will be playing defense as the State alleges that you were DUI on “X” (sleep meds, anti-depressants, pain killers, etc).

That is the 2 edged sword with a blood request.

If your blood is completely clean (and your proffer completely accurate) then you have an excellent case.

Wishing you good luck (and thanking you for the +++ feedback).

When it comes to the subject of drinking and driving, the best advice that you are ever going to hear is:  “Don’t do it!  Get a DD (Designated Driver), not a DUI”.

Be smart: Don’t drink and drive, but, if you do, just say “NO{thing}”, don’t blow (in FL your 2nd subsequent refusal is a crime) and call me stat at 305-381-8686, 305-798-2220 or 1-888-SHARK-8-1.

Michael A. Haber, P.A.: Providing creative, effective and zealous criminal defense litigation services primarily in SoFlo since 1991.

At Michael A. Haber, P.A. “Its all about reasonable doubt”! 

Michael A. Haber, Esq. is prepared to speak with you about your case!

Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1




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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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  • positive review  Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.

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