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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.


Unreliability of Field Sobriety Tests in California

Mar 3, 2014 — by Myles L. Berman | Comments (0)
Tags: Field Sobriety Testing Drunk Driving Drugged Driving

Are California drivers who are suspected of driving under the influence required to perform field sobriety tests or are those tests voluntary?  To find out the answer, click "read more" below.


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 on behalf of our client who fought DUI charges.  Do you want to fight your case?


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

A tipster told police our client was intoxicated and was leaving a parking lot. Police stopped our client driving away, observed red/watery eyes, flushed face, slurred speech and strong odor of alcohol. Client admitted to three drinks . After being interrogated, client failed 5 field sobriety tests and then blew .140/.136 on portable breath test. Client was then arrested for DUI / Drunk Driving. After arrest, client blew .12/.12. After trial, client was found not guilty of driving with a .08 or greater in the blood. Driving under the influence of alcohol was 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 #1

Our client was weaving between lanes and shoulder of freeway as well as within lanes. After stop, client admitted to drinking 1 vodka/soda. Officer noticed bloodshot/watery eyes, odor of alcohol unsteady gait and slurred speech. Client failed 4 field sobriety tests and blew a .085/.089 on portable breath test. Client was then arrested for DUI / Drunk Driving. After arrest, client took a blood test with the result of .099. On day of jury trial, client was offered and plead to a dry reckless. Both driving under 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 2/11/13 #1

Our client was seen making a right turn failing to yield to 2 pedestrians midway in the crosswalk. Client drove past pedestrians on wrong side of road. After being stopped, officer observed bloodshot/water eyes, slurred speech and odor of alcohol. Client admitted to drinking 6 shots of Soju. Client then failed 5 field sobriety tests and blew .105/.106 on portable breath test. Client was then arrested for DUI / Drunk Driving. After arrest, client blew .10/.10 back at jail. Prior to trial, 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.)


Super Bowl Weekend DUI / Drunk Driving Checkpoints Tip

After doing a lot of research, I don't sense there will be a lot of DUI / Drunk Driving checkpoints in southern California this Super Bowl weekend. Not sure why but I am sure there will be a lot of police patrolling the streets and freeways. Now for the tip: field sobriety tests are completely voluntary, so people don't have to do them. Be safe and enjoy the Super Bowl!


Myles L. Berman DUI / Drunk Driving Case Of The Week 1/21/13

Our client was stopped after a 911 call indicating a possible intoxicated driver and was being followed by the reporting party. Officer also observed client fail to signal lane change and client and passenger yelling and singing loudly while flailing their arms outside car windows. Client admitted to drinking about 2 glasses of wine. Officer observed odor of alcohol and bloodshot/watery eyes. Client's performance was marginal on 4 field sobriety tests. Client was antagonistic, argumentative and talkative during the tests and had to be reminded several times about proper procedure. Client was then arrested for DUI / Drunk Driving. After arrest, client blew a .11/.11. After jury trial, client was found not guilty of both driving under the influence of alcohol and driving with a .08 or greater in the blood. Client's license suspension will also be set aside. (The case results posted on this page do not guarantee the success or outcome of your case.


Myles L. Berman DUI / Drunk Driving Case Of The Week 1/7/13

Our client was stopped at an intersection. When the light turned green, the car behind our client honked the horn. Our client turned left while accelerating through the intersection losing traction and squealing the tires. At first, our client was driving between 2 lanes and then within 1 lane. After observing all this driving, the officer stopped our client. After the stop, our client did not have driver's license with him. Officer smelled burnt marijuana in the car. Client admitted to smoking pot a couple of hours earlier. Officer then observed bloodshot/watery eyes, thick film on tongue, elevated pulse, flushed face and slow, soft, thick speech. Client failed 5 field sobriety tests. A Drug Recognition Expert was also called, examined client and concluded client was under the influence of cannabis. A pipe and glass jar with marijuana were found in car. Client was then arrested for driving under the influence of drugs.