DUI with 0.21 BAC after the sobriety test I blew 0.18 at the police station
Question: DUI with 0.21 BAC after the sobriety test I blew 0.18 at the police station. I was arrested in Malibu, California for DUI. At first time I blew..0.21 BAC after the field sobriety test and 0.18 at the police station .Which BAC count will be considered in the court? This is my First DUI..there were no accidents,I was being pulled over for car swerving. I already hired a DUI attorney but not sure the answer to this question.
Answer: Generally speaking, the breath test you did at the station after you were arrested are the results that will be used during plea negotiations. So even though the Preliminary Alcohol Screening (PAS) test results were a .21, the evidential breath results (at the station) were .18 based on what you wrote. It is possible for the prosecutor to get the PAS results in at trial if the case were to go that far, but that is a whole different story. Talk to your attorney about it. He or she should be able to answer these and other questions you may have. That (and to defend you) is what you are paying them for. Good luck with your case.
DUI & Criminal Defense Lawyer