Well from past legal advice from a friend who is a defense attorney prior to a dismissal of a DWI that I was tried before a jury of 12 peers just a few years ago.
The best thing to do if you think you might even be close to hitting the mark of blowing over the limit is not co-operate with any tests be breathe or field sobriety. Its a ballsy big boy move move and you will get arrested but you give them nothing to fight you with. If you do their tests its clearly a gamble you dont wanna lose. Just ask the officer if hes going to arrest you because your not doing any "rigged testing" that your convinced are designed to make you fail.
I refused the blow but I took the sobriety but the cop was such a jerk during the test, well to be polite a complete a$$ hole he sabotaged his case by not treating me fairly yet with hostility,screaming in my face as if I couldn't hear him,I always spoke back quietly and politely which through him off he pushed me one time in the video while telling me where he wanted me to stand and grabbed my shoulder with force about 4 times you could see him twisting my shirt while he thought he was blocking the camera he also pushed my hands down instead of asking me to keep them down on several occasions the guy was a way out of line and very unprofessional if he wasnt in uniform we would have scrapped the second he started trying to get a rise out of me but I clearly understood he was trying to get me to resist or stand my ground but I was literally surrounded with his boys who all had hand cuffs and clubs out. But the jury felt the video made him look like a bully which could have made any one nervous enough to fail thanks to a very good and $$pricey$$ attorney. I passed almost everything waddled a little on a turn but messed up on a simple finger count then he said that was enough to arrest me. Every second you are speaking to him or in his car everything is being recorded especially if they leave you in the car and you decide to talk to you self..lol dont ask
as if the recorder is right in your face so if you slurred,got hostile,muttered or rambled it could be enough to convince the jury that you were drunk. BUT when the jury is in the chambers they will discuss and argue the fact "where is the solid black and white proof" which would have been the Blow test.
Your have to hire an attorney and view the video SOBER to get a clear understanding of how this will look in front of a jury. Now remember YOU never have to take the stand the District Attorneys job is to convince every one that you were a threat and Schlitz faced.
I was shocked when I seen my video the cop cut out all of the conversation of him in I in his car when we were talking about what I do for a living and etc etc because I was totally coherent and sharp.
Be grateful that you are alive fighting a DUI case with no deaths or injuries.
Children are always supposed to prosper and bury their parents dont forget that!! not vice versa...
Good attorney/ watch the video/ then see how strong a case you have/ regardless I would fight it because if you win its dismissed if you lose your first case you will still face the same charges if you dont contest it at all and so call get a fricken plea its a cookie cutter charge the first time the second you need to attend AA and get your butt kicked..
sorry for ramblin
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