If I received a DUI after pulling into my driveway last night, do I have a means to fight the charges?

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If I received a DUI after pulling into my driveway last night, do I have a means to fight the charges?

I blew a .092 and a .088 when taken into the station, however the machine may have been faulty or defective. The officer initially called me over to use the machine and could not get it to turn on and operate properly. They had to move me back to the previous table I was sitting at and call in another officer to inspect the machine. It took them at least another 8-10 minutes to figure out the problem and bring me back over.

Asked on January 6, 2013 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Given what you have written about you may have a factual and legal basis to contest the DUI charge that is facing you due to a malfunction of the testing device. Given the seriousness of the situation that you are in, I suggest that you consult with a criminal defense attorney to assist you in your matter.


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