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CAN YOU BEAT A BREATHALYZER TEST?

Sep 4, 2014 — by Myles L. Berman | Comments (0)
Tags: Breathalyzer Field Sobriety Testing

There are many common misconceptions about beating a breathalyzer machine. Read below to find out a few of the misconceptions as well as the best way to beat a DUI.  Click “read more” below, as we address this issue.


WHAT HAPPENS WHEN THE LAW HAS ZERO TOLERANCE FOR ALCOHOL?

Check this out about zero tolerance dui laws. Click “read more” below, as we get to the bottom of this issue.


Inaccuracies of Breath Testing

Feb 26, 2014 — by Myles L. Berman | Comments (0)
Tags: Breathalyzer Drunk Driving Arrests Field Sobriety Testing

Although much evolved since its beginnings, the Breathalyzer, used for breath testing, is being challenged due to inaccuracies in results.  Don't hold your breath...click "read more" below to learn about the estimation of blood alcohol content (BAC) from a breath sample. 


DUI / Drunk Driving Case of the Week

Click "read more" below to learn about a DUI / Drunk Driving case we won because of an illegal stop.  Were you illegally stopped?


Myles L. Berman DUI / Drunk Driving Case Of The Week

Our client passed a patrol car at a high rate of speed on the freeway. After slowly responding to officer and being stopped, officer observed odor of alcohol, red/watery eyes, slow/slurred speech and unsteady gait. Client admitted to two glasses of wine. After further interrogation, client failed 4 field sobriety tests and blew a .099/.097 on portable breath test. Client then was arrested for DUI / Drunk Driving. After arrest, client blew a .09/.08. Client was offered and plead to exhibition of speed. Both driving under the influence of alcohol and driving with a .08 or greater in the blood were dismissed. (The case results posted on this page do not guarantee the success or outcome of your case. Every DUI case is unique and the results may vary from case to case.)


Myles L. Berman DUI / Drunk Driving Case Of The Week

May 17, 2013 — by Myles L. Berman | Comments (0)
Tags: Successful Case Of The Week Breathalyzer Test Refusal

Our client was seen driving across 4 lanes of traffic (all closed by CalTrans) and over double yellow lines at about 80 mph. Client was pulled over but in doing so failed to follow instructions. Officer observed strong odor of alcohol, incoherent, mumbled and slurred speech, red watery eyes and upon exit from car unsteady gait. Client admitted to 1 drink. Client failed 4 field sobriety tests and refused a portable breath test. Client then arrested for DUI / Drunk Driving. After arrest, client wanted to use bathroom before a breath test. Client was uncooperative, interruptive, protesting and talking loudly during much of the contact with police. Eventually, client refused a breath/blood test. After jury trial, client was found not guilty of driving under the influence of alcohol. (The case results posted on this page do not guarantee the success or outcome of your case. Every DUI case is unique and the results may vary from case to case.)


Myles L. Berman DUI / Drunk Driving Case Of The Week 12/31/12 #1

First posted case of 2013! Our client was driving at night without headlights and failed to proceed after stopping for 5 seconds while stopped. Officer then activated emergency lights and siren but client failed to pull over and pulled into a parking lot. Upon contact, officer observed slurred speech, bloodshot/watery eyes and strong odor of alcohol. Client admitted to having a couple of whiskies. Client then failed 4 field sobriety tests and blew a .090/.091 on portable breath test. After arrest for DUI / Drunk Driving, client blew a .09/.08 back at the jail. At pre-trial, client was offered and plead to an exhibition of speed. Driving under the influence of alcohol and driving with a .08 or greater in the blood were both dismissed. (The case results posted on this page do not guarantee the success or outcome of your case. Every DUI case is unique and the results may vary from case to case.)


Myles L. Berman DUI / Drunk Driving Case Of The Week 11/12/12 #1

Nov 16, 2012 — by Myles L. Berman | Comments (0)
Tags: Field Sobriety Testing Drunk Driving Breathalyzer

Our client passed a police car while speeding and having a burned out tail light. After being stopped, client was observed with odor of alcohol, poor coordination, flushed face, soft speech and watery eyes. Client admitted to drinking one vodka at a bar. Client then failed five field sobriety tests and blew a .09/.09 on portable breath test. Client was then arrested for DUI / Drunk Driving. After arrest, client again blew a .09/.09 back at the jail. At pretrial, client was offered and plead to exhibition of speed. Both driving under the influence of alcohol and driving with a .08 or greater in the blood were dismissed. (The case results posted on this page do not guarantee the success or outcome of your case. Every DUI case is unique and the results may vary from case to case.)


Myles L. Berman DUI / Drunk Driving Case Of The Week 10/29/12

Nov 2, 2012 — by Myles L. Berman | Comments (0)
Tags: Drunk Driving Breathalyzer Drunk Driving Arrests

Our client was stopped for not having both tail lights illuminated. Officer observed strong odor of alcohol, watery eyes and our client would not look at officer when spoken to. Our client admitted to drinking three 12 oz. beers. Client then failed 4 field sobriety tests and refused a portable pre-arrest breath test. Client was arrested for DUI / Drunk Driving. After arrest, client blew a .09/.09. Our client was offered and plead to an exhibition of speed. Both driving under the influence of alcohol and driving with a .08 or greater in the blood were dismissed. (The case results posted on this page do not guarantee the success or outcome of your case. Every DUI case is unique and the results may vary from case to case.)


Myles L. Berman DUI / Drunk Driving Case Of The Week 10/22/12 #2

Oct 26, 2012 — by Myles L. Berman | Comments (0)
Tags: Field Sobriety Testing Drunk Driving Breathalyzer

Our client was stopped after driving the wrong way and stopped at an intersection directly in front of and facing the police car. Client had strong odor of alcohol, slow/slurred speech and admitted to drinking 4 beers. Our client then failed 4 field sobriety tests and refused a portable pre-arrest breath test. Client was then arrested for DUI / Drunk Driving. After being arrested, back at the jail client blew a .14/.15. After jury trial, our client was found not guilty of driving under the influence of alcohol and driving with a .08 or greater in the blood. (The case results posted on this page do not guarantee the success or outcome of your case. Every DUI case is unique and the results may vary from case to case.)