Question: i was charged with a DUI in San Fernando, CA. i passed the Field Sobriety tests. they said .10 on breath machine though i had 2 drinks in 5 hours
Answer: You didn’t really ask a question here. Based on what you wrote, I am assuming the Breath test you performed was at the scene, and was a PAS (preliminary alcohol screening) test. Those machines can have a lot of issues, and generally speaking, not equipped with a “mouth alcohol” detector that can cause inaccurate and false high responses. There are also a lot of other potential issues with breath machines. I would recommend contacting and hiring an experienced DUI attorney. Weight is a determining factor, but 2 drinks over the course of 5 hours (assuming average drinks….ie. an approximate 1 ounce of 80 proof alcohol, or equivalent of beer or wine), then a .10 sounds high. There is a LOT of issues and scientific complexities with DUI cases that a DUI attorney in your area can go over with you in defending your case.
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