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Blog · October 15, 2015

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 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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Asker
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 305-798-2220 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; Toll Free: 1-888-SHARK-8-1




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