Hi again. Thank you for the additional information.
The reason I asked about the roadside test is because even though the .04 is below the legal limit, that does not mean that you were legally considered sober. If you were .08 or above, then it would have meant that you were legally considered drunk regardless of the roadside test. But even if you blow below .08, you can still be convicted of DUI if the officer has proof that you were impaired. The way to prove impairment is with the roadside test.
In your case, it sounds like you have a reasonable chance of winning, but I strongly suggest that you retain an attorney. If you handle this yourself, you will likely lose. With an attorney, you could win because (1) you blew .04 at the scene, (2) any failure of the roadside test can be attributed to your injuries (though you'll need expert medical evidence about your injuries), and (3) the machine at the jail can be argued to be malfunctioning. Moreover, a person's blood alcohol level at the jail is not accurate of a person's level while they were driving because if the person had been drinking just prior to driving, then the level will increase with time, before going down. For example, a person could quickly drink 3 shots of whiskey and immediately begin driving. The moment he begins driving he wouldn't be drunk. 15 minutes after driving, he'd likely be drunk. So the level does increase. But if you were to stop driving after just 5 minutes, then you would have possibly stopped before you were legally too drunk to drive. I hope that makes sense. But in your case, it probably makes more sense to simply argue that the machine was malfunctioning since it was having problems.
All of those issues should be enough to raise doubt. And remember that a DUI is like any other crime in that the prosecutor must prove that you were drunk beyond a reasonable doubt. It sounds like you can raise doubts. But I cannot stress this enough: You need an attorney to make these arguments. As an aside, it's also possible that the attorney could get the case dismissed before it even goes to trial
if he can explain to the prosecutor the weakness of the case.
Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!
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