How to beat the Breathalyzer - Real Story
This client was arrested by Norman PD for DUI in the state of Oklahoma. It was his third DUI arrest, so we can say that he was in trouble. The driver accepted to do the field test and the officer told him that he had failed the test. A breathlyzer test was taken with a result of greater than .10%. His license was revoked for one year. The law firm in charge of this case requested an administrative hearing to contest the revocation.
The client had been in a event that evening, prior to his DUI arrest, where he spent a lot of time with some of his friends. Coincidently, among those friends there was an A.B.L.E. officer, a probation officer (who was with him at the time of the arrest) , a Assistant District Attorney and her mother, a PhD in learning disorders.
They all testified on his behalf at the hearing that he could not have drunk more that two glasses of wine the entire evening and appeared completely normal and sober. The PhD further testified that she was aware that he suffered dyslexia and that this problem would cause a person with it to perform poorly on the respective field tests.
Conclusion: The driver got his license back!
I saw this story on another website. It’s a great success story of how to win a DUI case. Like any other “machine”, Breathalyzers are not completely invulnerable.
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