How to Beat a DUI Charge After Failing the Breathalyzer Test

Can you beat a DUI after failing the breath test if you blew over the legal limit? Attorney Manny Serra from the Rossen Law Firm says "Yes", you can beat a DUI after blowing over the legal limit on a breathalyzer. Learn how to beat a DUI using legal motions and DUI legal defense tactics.
-Learn More About Attorney Manny Serra:
www.criminal-defense-dui.lawy...
-Learn What to Do if Arrested for DUI:
www.criminal-defense-dui.lawy...
-Learn More How to Save Your License After Getting a DUI:
www.criminal-defense-dui.lawy...
Chapters:
0:35 - Challenging Violation of Rights
0:48 - Officer Did Not Have Probable Cause to Begin Investigation
1:11 - Officer Did not Have Enough Evidence to Perform Arrest
1:50 - Cannot Prove Intoxication at Time of Driving
3:28 - Attack Inaccuracy of Breathalyzer Test
4:58 - Failure to Properly Observe Suspect
#HowToBeatADUI #FailedBreathTest #WinDUI #WinningDUICase #DUIChargesDropped #FloridaDUIAttorney #RecklessDrivingCharge #DUILawyer #DUIDefenseAttorney #SouthFloridaDUI #FortLauderdaleDUI #DUIWin #DUILawyerNearMe #DUICase #DUIArrest #DUICharge #RossenLawFirm #FloridaDUILawyer #AttorneyMannySerra #fortlauderdaleDUI #duidefenselawyer
If you failed the breath test and blew over the legal limit for DUI, there is still hope. You can still beat your DUI charge by hiring a DUI Defense Attorney with experience filing legal motions and challenging police investigations.
In the state of Florida, the legal limit for blood alcohol content (BAC) is .08. In Florida, you are charged with DUI when you are found being in actual physical control of a vehicle while your mental faculties are impaired. According to the law, you are considered impaired by alcohol if your BAC is .08 or higher.
If an officer violates your rights during the DUI investigation, that can allow an attorney to suppress the evidence collected during the investigation thereby allowing you to get the charges dropped.
In court, it also must be proved that a DUI suspect was intoxicated at the time of driving and not just at the time that the test was administered. If you blow over the legal limit, it means you were over the legal limit at the time the test was administered and not necessarily at the time of driving.
There are a number of ways a DUI Defense attorney can attack a case even if you failed the breath test. If you would like more information, contact the DUI Defense Legal Team at the Rossen Law Firm in Fort Lauderdale, Florida.
Fort Lauderdale Office
6400 N Andrews Ave #510
Fort Lauderdale, FL 33309
Phone: [phone]

[@ArmchairRamb0]

But how much does it cost to challenge? A real attorney like this is likely beyond the reach of most.

[@selfdo]

Can't afford to? Well, then, maybe that's the INCENTIVE to, when one indulges, to call Uber or have the designated SOBER driver. But if you screw up and get "pinched" for a DUI, you can't afford to NOT hire competent legal representation, period. Yes, it'll hurt...and it SHOULD. In some ways, the legal process IS the REAL punishment, and if you drank and still chose to drive, go to the mirror to look at who's to blame. Find a way to pay the legal fees and dig yourself out of the mess you got yourself into; it'll be a life's lesson that likely you badly needed anyway.

[@mw3fanatic65]

Good video, I like how your straight forward no bs

[@LL_SHAWN_P____]

What about beating the refusal hearing? My DUI was nol process Before I even saw the commissioner. I’m so confused

[@Whatsthe_dill]

I'm going through a blood draw DUI and the cop said I was swerving in and out of lanes and dash cam shows I'm was driving with the flow of traffic and the medication I was on I had taken 8 hours earlier and perscribed. The blood test I took wasn't filled in proper tubes and was under filled, and in washington State, they have strict guidelines. I go to trial next month.

[@keything8487]

great video !!!!!!.........i would like you to call the manufacturer of the machine to testify in court (face my accuser type deal)....is that not allowed? ive heard florida has barred attorneys from calling the companies as a witness, like the red light camera makers...........is that true?...................

[@Aharon_144k]

What were the results of the breath test case that the guy “burped in front of the machine”?

[@Danielvegan1]

Do the same rules apply in Canada?

[@codester1111]

So you're saying always burp into a breath test so it can get thrown out? Excellent I can burp on command lol

[@isabelordaz1682]

What if you got a DUI at a checkpoint in Riverside, California? All tests were completed; walk heel to toe in a straight line, stand on one foot, follow finger without turning head, then I was asked if I could take a breath test and I said no and then the officer told me to close my eyes look up and count to 30. Once counted to 10 I was arrested and sat down at a bench and handcuffed to the bench then they took the breath test after explaining to me if I refused it could effect me. I blew once and then he turned to his other officers and asked for another machine and had me blow again, I was intimidated by officers which led me to be nervous and when he asked me to blow again I didn’t blow all the way (this happened 3x) and then he seemed frustrated and told me that I needed to blow until he tells me to stop otherwise the next time I don’t blow all the way the machine will not function properly and we’d have to wait longer for it to load and be able to complete the test again. So I blew again and I blew over a .080. And was given a ticket and temporary license and they towed my car. Also when taking the breathalyzer test I could see my car and there were about 5-6 cops checking my 2 seater car and I asked if they had a warrant to check my car and they all ignored my question then I asked again and a different cop told me that because they were taking the test they had a right to check my car.

[@desmondandrews7235]

Crazy the riverside police did the ezact thing to me

[@acidpro]

DUI checkpoints are unconstitutional and again, they need a probable cause.

[@selfdo]

You made three terrible mistakes...(1) you were DRIVING with insufficient blood in your alcohol stream that it was possible you'd test ABOVE the presumed limit for BAC (2) you performed the FSTs, which you could have lawfully REFUSED; thereby giving the officer that Probable Cause (s)he needed to effect arrest on a silver plate (NOTE: doesn't matter how well you perform, the "result" is ALWAYS "flunk", i.e. the FST is a FARCE), and (3) you submitted to the PAST, which, in CA, unless you were under 21 when this happened, or you were already on DUI probation (further stupidity to have already gone through this process and still be drinking and driving, the DUI laws get far more serious for repeat offenders for GOOD reasons), you could still lawfully REFUSE. Might not have precluded being arrested for DUI, as, believe me, few judges will overly question an officer for busting even the obviously sober for arresting them ANYWAY, but at least you would have made gathering evidence against you that much harder.

[@mindbodyandsoul604]

is this usa law or canada?

[@christopherfuqua862]

What if you've already been charged with a DUI?

[@SeanMahoneyfitnessandart]

Beating a BS DUI where you are genuinely NOT intoxicated or blow under but they take you anyway, is one thing. Obviously that's a good thing. But, frankly, as a former delivery driver who worked the closing shift and was often on the road at 1-2am or even later - When it's late, pitch dark, cold and pouring rain, I really don't want a bunch of drunk people out there driving around me when I'm just trying work and pay the bills. Driving drunk is not cool and there's just no reason to ever do it, especially given that most bars will call and pay for an UBER to get you home safe.... without you crashing into me or my coworkers. 4 of my former coworkers at Domino's were riding in a car together on a night off... a drunk driver blew through a stop sign, hit them at high speed and killed 3 out if the 4. Do you really want to help people feel confident that it doesn't matter if the drive drunk and get a DUI because they can hire a law firm to beat the case knowing that this is the reality of the very real consequences?? People who habitually drive drunk DO need help, they do NOT need help beating a DUI charge... a charge that would have forced them to get the help they need and potentially turn their life around. Think about that.. theres nothing cool or positive about helping people drive drunk and recklessly endanger the lives of everyone else on the road.

[@selfdo]

There's nothing "cool" or lawful about being arrested for DUI when SOBER, either. Yes, if you've "had a few", do call Uber, don't even get into the back seat of your ride and "sleep it off", as even though your INTENT was to do the RIGHT thing, the corrupt cops will STILL twist that into a DUI, saying that your presence in your car constituted "driving". This is how ridiculous it's become. What, in effect this will do is shut down bars and restaurants, which, frankly, depend upon alcoholic beverage service as their profit center. Now, does my heart "bleed" for them? Not really, but anyone with half a brain, not already "marinated" in booze, or stoned into insensibility by Sinsemillian, will simply confine their respective indulgences to home. But even THAT isn't "safe" anymore, either. At least up north in Soviet Canuckistan, they now allow DUI investigations for up to THREE HOURS after driving, and that includes after you've arrived at HOME. So, if, after a long, tiring day, you come home and take a whiskey shot, and then chase it with a Molson, and then the cops show up and demand a breathalyzer test, you may be arrested for DUI, even though you were perfectly SOBER when you actually drove! It's not about public safety anymore, it's about the MONEY.

[@kingsj7662]

I was sleeping in the car. The cop woke me up, saw throw up on the floor outside the car and on my leg and arrested me for dui. I did blow over. Any advice? I have a lawyer but he hasn’t told me much

[@reneramon6512]

How did it go after all.

[@gwine9087]

The headline says it all. Doesn't matter if you are guilty, we will help you beat it.

[@joeybagodonuts6683]

Hell yeah.

[@selfdo]

The COURT determines one's guilt or not. You pays your moneys and you takes your chances.

[@yellowhammersuwake1617]

What if no breathalyzer test or blood I got two

[@joeybagodonuts6683]

That burp thing is an excellent idea. If you can visibly belch on camera without the cop noticing- that could be helpful.

[@briancgotcher4397]

Hypothetically speaking, let's assume a police officer stops you, suspects you have been drinking and asks you to blow into a breathalyzer at the the traffic stop. You refuse, get arrested, then agree to submit to the intoxilyzer at the police facility. Can you be penalized for refusing the breathalyzer at the actual traffic stop location. I've heard that the field breathalyzer is notoriously inaccurate, whereas the intoxilyzer, if operated competently is relatively accurate. Can a citizen request a blood analysis in lieu of police administered breath test, and should one request a blood test?

[@phuckfays]

I've been there.I refused the tests at the traffic stop and they didn't give a shit.They got a bit angrier and pushed my head on their car but bullies do that.In the car they gave me a choice when we get to the station about breath or blood.Its cuz they gotta call a nurse for blood.I blew 0.00.That pissed em off and they held me all night.

[@selfdo]

Ask an attorney that specializes in DUI in the state in question. In MOST states, unless you're under 21 or already on DUI probation (where typically the "limit" becomes 0.02, not the default of typically 0.08 BAC), yes, you may certainly refuse the handheld tester and/or Field Sobriety Tests. Neither are admissible as evidence of intoxication in court; they are used to bolster the case of PROBABLE CAUSE to effect arrest. You are under NO OBLIGATION to assist the police in investigating a potential crime that you may or may not have committed! Yes, the officers will get "huffy" and, in some cases, even abusive and/or VIOLENT, that's why you always record, Record, RECORD the entire encounter! It helps if you've had a dash came, although, do understand that if indeed you were "swerving" or otherwise doing something wrong that gave the police cause to pull you over, that can be subpoenaed as evidence. In general, attorneys will advise the following at a traffic stop that ends up as a DUI investigation: 1) Don't make any "furtive" movements, just keep those hands at 10-o-clock and 2-o-clock on the steering wheel until instructed to get something or exit the vehicle. 2) Have your license, registration, and proof of insurance ready for presentation to the officer when requested. 3) Do NOT answer any questions beyond giving your name, especially "Do you know WHY I pulled you over?". In California, a new law prohibits the cops from doing that, but they typically ignore it. In fact, the only thing you should say is: a) I will not answer any questions, Officer. b) I invoke my Fifth Amendment right to remain silent. c) I want my ATTORNEY. d) I do not consent to any searches of myself, my effects, or my vehicle. e) Am I being detained, or am I FREE TO GO? 4) Be polite. Yes, I know, those jerks with badges hardly deserve it, but it will not help you at all to verbally abuse them. Indeed, they can use that as evidence of impairment, and, if they do use excessive force or make an unjustified arrest, it will hurt your case BADLY should the matter ever have to go to a jury trial. Judges and juries don't like "lippy" plaintiffs. 5) If the officer orders you to exit your vehicle, do so promptly and LOCK IT behind you. Yes, they'll get angry at that, but unless they've probable cause to search, they can't w/o your consent. 6) The officer may "frisk" you in what's termed a "Terry Stop" to see if you have any weapons concealed on your person. You cannot legally refuse or interfere with it; but the purpose is lawfully LIMITED to a cursory search to see if you're armed, and they have to have reasonable suspicion that you could be. A "Terry Stop" is not a blanket means to circumvent the Fourth Amendment. You do NOT have to "turn out your pockets", nor even discuss what you have on your person. 7) If, despite following the above advice, you're still arrested, do not resist. True, the arrest is probably illegal, but the time to fight it is in COURT, not on the road side. Unfortunately, the cops are proverbially holding the cards, so you've no legal choice but to submit. It is possible to be prosecuted and convicted for "resisting arrest" or "obstruction", even if the basis for the arrest itself is bogus. Also, anything perceived as "resisting" can and likely will provoke unjustified VIOLENCE from the cops, often accompanied by their infamous BS cry, "Stop resisting!" It's an unfortunately reality that too many cops are armed psychopaths and it's wise to treat them ALL as potentially being that, your LIFE may depend on it! 8) When taken to the police station for the BAC test, not all jurisdictions give a choice, some are simply breathalyzer only, as long as you're capable of doing it. If you do have a choice, most attorneys advise to request the BLOOD test, as you can have a duplicate sample (the phlebotomist simply fills a second vial, which should be far less blood than the IRS or your ex-wife takes) sent to your attorney for independent testing. 9) Blowing "zeros" will probably NOT get you freed immediately, as the BS narrative becomes, "you must be under the influence of 'drugs' ". Indeed, they may call in a drug recognition "expert", which is more cop BS junk science, and based on his subjective and unscientific evaluation, get a court order for a blood draw, as you've already complied with the "implied consent" requirement if you "blew" and are under no further legal obligation to perform any tests, sans that court order. 10) Blowing "under the limit" by no means indicates you'll get off the hook. In most states, that .08 BAC is a DEFAULT presumption that you're intoxicated, though DUI attorneys have ways to deal with what happens if the breath test indicates SOME alcohol. You can still be charged with "impaired" driving with ANY detectable alcohol in your blood, although in practice, most states presume that under .04 or .05 BAC you are NOT impaired. Be assured that unless the test reveals below .02, which is considered the "detection limit" for most breathalyzers, you WILL have charges filed against you, and you will be in custody as your state's laws prescribe for the minimum time. We all can't be Nancy Pelosi's husband, now, can we? 11) First thing to do once released from custody is to retrieve your ride, and be prepared for the "sticker shock" of how much the impound yard will charge you. Also, the cops have up to 72 hours to hold it for an "inventory" search, and not only can you NOT get your ride back until then, you'll have to PAY the storage fees! Some states do allow either a sober driver to take your car home; but that's typically at the arresting officer's discretion, and don't kid yourself that they're not getting kickbacks from the tow companies. 12) Second thing to do is to contact an ATTORNEY. Yes, they cost, but that's the largest part of your screwing up, face up to it and find a way to pay the attorney. You've been arrested and/or charged with a CRIMINAL offense which can have devastating consequences even if you get no jail time. Can't afford it? Can't afford to NOT retain an attorney, it's THAT serious! If the test results show some alcohol in your blood, and/or the cops found some "recreational stuff" on you or in your ride, then you obviously need legal representation to deal with the legal mess you got YOURSELF into. If you're "clean", and charges were still filed, you most ESPECIALLY need an attorney, because you're dealing with a CORRUPT system. Life is often UNFAIR, and now you have to deal with it.

[@eddy2561]

Don't drink and drive, how hard is that you understand!!!

[@selfdo]

The Pigs have arrested SOBER drivers many times for DUI even after they've tested "zeroes", how hard is THAT to "understand", you pontificating nitwit, you! While I've my own admittedly self-interested reasons to be "clean" before I drive, I make NO apologies for exercising all my legal rights to thwart an overly-zealous and/or CORRUPT LEO's attempt to investigate me for DUI, and using my resources, should it still prove necessary, to secure legal representation. Indeed, even the "guilty" still have the right and certainly the NEED for counsel...the INNOCENT have even MORE. And I was under the impression that anyone accused of a crime is still PRESUMED innocent until PROVEN guilty in Court.

[@Connor4x4]

The number 1 way to beat a DUI charge is to not drink and drive in the first place.

[@selfdo]

Some years ago, I would have said that's an "ironclad" way to avoid getting into that sort of mess. However, as DUI became a "profit center" for the prison-industrial complex, so many DUI arrests have gotten ridiculous. Perfectly SOBER people have been arrested for DUI by incompetent or over-zealous, or simply CORRUPT, cops, anxious to fulfill arrest quotas, or effect civil asset forfeiture of your ride and whatever of value you had on you. The latest law enforcement "scam" is the DRUGGED driving. Now, while certainly Rx and OTCs, and "recreational" substances, can and should be enforced if they're found to be in one's body in a concentration and manner that's PROVABLE to impair driving, the legal definitions are still somewhat "hazy". What happens in practice is, if the officer has you "blow" at the roadside (against legal advice in the majority of states where you may lawfully refuse, as well as FSTs) and it comes back "all zeros", then his BS narrative becomes "I smell weed", and either he's a self-appointed "Drug Recognition Expert" or they detain you while they get one. Or, he simply arrests you anyway for "drugged" DUI, as, after all, even if the blood test shows nothing that any MD can reasonably interpret as able to impair driving, it won't come back upon him and/or his department. The entire "moral panic" over DUI is such that cops can get away with these bogus arrests, and for all practice purposes, there's little to no recourse. Pontificating is of no value. Sure, I don't drink and drive, either, simply out of understanding of the awful risks, not only financially and legally, but personally, that I'd be imposing upon myself and others, and would rather avoid that. We simply have to be aware that being sober is no longer a defense against being unfairly harassed or unlawfully arrested by corrupt cops.

[@selfdo]

But NOT foolproof. All too many have been unlawfully trussed up on BOGUS DUI charges, or, when they were tested and "blew zeroes", were then charged with "drugged" DUI, even though no Probable Cause was shown that they were under the influence of some "drug". Running afoul of overly-zealous and CORRUPT cops is a risk that everyone runs once they get behind the wheel, or step out their door...and, at times, the cops come barging through that door, 4A be damned!

[@johnwaaser201]

I had the operator pull the plug, then completely changed the breathing instructions. He screwed up to the point where the first blow after he pulled the plug was 1.45 liters of air and the final blow was 1.87 liters. Obviously that test was not done in accordance with the manual. My public pretender said "there's an anomaly." But because the operator had pulled the plug, he thought he could hide one of the two logins so we could not prove he had pulled the plug. He did such a good job, he totally obliterated all evidence of BOTH logins! So we had a breath test with his name as operator and mine as victim, but at the time of that test, it appears that nobody was logged into the device! Now it would be impossible to conduct a test without being logged in! So that is, to my eyes, conclusive proof that AFTER the test, he tampered with the login data. My ineffective public pretender refused to accuse either deputy of any form of malfeasance. At one point, he said, "this isn't a out the cops, John, this is about you!" The deputy who pulled me over lied about his probable cause, and then created a second lie out of whole cloth, to bolster his first lie, so that requires CRIMINAL INTENT! The DUI trained deputy disagreed on three points about my physical condition, in an effort to convince the court I was really drunk. They found receipts in my pocket for four drinks. I never came close to finishing the last one, which I had bought at 12:30, and I was there from 7pm to 2am, for a total of seven hours. I also was taking warfarin, and had I been up to ,12, I probably would have had internal bleeding, with blood in my urine, which there was no sign of on my intake physical. I spent 47 days in jail SOLELY because of the outrageous lie on the arrest report that said I was driving with no headlights whatsoever! You can see my passenger side headlight on in their dashcam video! The DUI trained deputy said I had watery eyes, but I am one of FIVE MILLION US citizens who suffer from a medical condition called DRY EYES! For him to claim he witnessed something that was physically, medically impossible, also would require criminal intent as would tampering with the login data to hide the fact that he had pulled the plug. I brought the volume data and the login records, both of which had been sent to me as eMail attachments by the FDLE, into court at my trial, and had them with me on the witness stand but the judge refused to allow me to refer to them! And my public pretender utterly refused to ask me any questions that would have allowed me to accuse either officer of any form of malfeasance! Needless to say I was found guilty by the jury. Then the public pretender's office in Tallahassee submitted the appeal to the wrong DCA! I Wish to file a massive lawsuit against the Alachua County sheriff's office, the state of Florida, the eighth circuit state's attorney's office, and the 8th circuit public defender's office. I'm not suing to become wealthy, but I do want to be fully compensated for my physical and emotional distress (I am STILL medicated by the VA for PTSD as a result of that incident). But I would intend to change behavior. In view of the actual criminal nature of these defendants, I would ask the jury to add punitive damages to the compensatory damages, such that every police chief and sheriff in the state would know that they have to put a stop to this malfeasance so they can avoid such a large judgment. And when I filed a complaint against the deputies, the infernal affairs department exonerated the deputies, saying their actions were justified, lawful, and proper. There was a highly publicized case at about the same time where deputies refused to transport a female inmate who had gone into labor, to the hospital. After the baby was born on the cold concrete floor of the jail, they did take the mother and infant to the hospital, where the baby died in the mother's arms in about one hour. The internal affairs department said nobody did anything wrong then as well! Could you suggest a law firm that would be a good match to file such a suit?

[@Theuglytruth1776]

And the bootlickers wonder why cops get shot🤷 🖕🫵💩🤡👮‍♀️👮‍♀️. 🔥👮‍♀️🔥

[@orlando2154]

Beat the dui by not driving! Or don't drink 😂

[@melissasanto]

Not me but someone called 9-1-1 to report a driver in a private parking lot was driving drunk after arguing with the driver about needing more money for parking. The caller closed the gate and locked the driver in the lot. When the police arrived later, the driver was outside of the parked car. Hours later they blew over .08. What might defense argue and could this be beaten? The driver lost their job over this.

[@Rossenlawfirm.]

Each case is different; however, if you have doubts about it you can contact us at the number:754-206-6200 or click on this link: www.criminal-defense-dui.lawyer/

[@rafasusername]

I meant I got in to an accident right in front of my house and me and the other guy in the truck we were exchanging information and then 5 min later cops come and say what happened and. Explain and say it's was just a accident then he like we're gonna do a test so they do it then it's good but I said Mississippi 5 when 4 but I go back to 4 and continue to 11 and they coughed me and say your under arrest they take my car they took the breath test and it was inconclusive and then they give a second and say it's .14 and the legal limit she said is ..8 u think I can beat that

[@donaldcurtis9229]

I was going to work and and Eastern Pennsylvania. 5 o'clock start at 78 Mercury cram market State. Police pulled me over. Am I friend or asking questions? Ince I'm going to work this week. Your car was swerving. I got out. It's 19 half feet long register. Inspected, here's my insurance.We're on our way to work.They tortured a s*** out of me.I wouldn't give any explanations.They finally get up and let me on my way

[@stanleywheeler404]

Here's another false positive on a breath analyzer test and it happened to me. MY friend and I were eating Chinese food and we always put alot of soy sauce on our CHINESE food. Well I'm on probation so my probation officer and his partner stopped over and we were talking then my P.O. gave me a breathalyzer test which I happily agreed to do it well here it showed up positive I swore that I didn't have one drop of alcohol then my friend told them that it's showing up positive because of the SOY SAUCE that we're eating that's on our CHINESE food she doesn't drink but she offered to do a test too to prove this to them so they did a test on her and it showed up positive too the 2 probation officers were shocked and they believed us when she told them that Soy sauce is made like how alcohol is it's fermented and then they understood why that showed up positive she told them that it's like when you eat a EVERYTHING Bagel that has poppy seeds in it and it'll show up on a test that you just ate opiods. They were both convinced

[@gregorymcmurry5229]

If you fall asleep at a McDonald's drive-thru

[@patriciaevans5906]

Just saw this….you’re no better than the drunks…you help keep drunk drivers on the roads…thanks

[@edsadlemyer667]

So it would appear you are okay with drivers operating a vehicle while impaired. Hope you and your family members don’t accidentally get to meet them.

[@selfdo]

Useless and HYPOCRITICAL pontification. No DUI attorney is "Ok" with someone driving while impaired. Part of a DUI specialist's practice is to get his client into rehab and/or education, to not only demonstrate to the Court an intent to reform, but hopefully get the offender to realize he's got a problem and to mend his ways. It's still up to that person to do so; an attorney can only advise and advocate.

[@JWP452]

How big a schmuck is an attorney who finds ways to keep drunks who blow two times over the legal limit on the road?

[@selfdo]

1) Unless you're part of the "Tribe", mistah, I suggest you refrain from Yiddish slang. 2) What's the objection to a "drunk", or whatever excretable defendant you find despicable, availing himself of legal representation to obtain the best possible outcome? We do have this thing called the BILL OF RIGHTS, which is probably quite inconvenient to cops or cop-suckers like yourself, intended not so much to let the guilty go free, but to prevent abusive law enforcement from making EVERYONE "guilty", irrespective of circumstances, a feature more commonly associated with totalitarian regimes. 3) Anyone that can drive a car with 0.16 BAC just shows that alcohol has different effects on people...some CAN "handle their liquor", others can't. However, the states have all side-stepped that issue by a PRESUMED intoxication level, considered a fair balance of "having a few" and still being capable, versus intoxication to a degree that's provably able to impair most adults. Also, blowing "below" but near the presumed limit doesn't get one off a DUI charge at all, the game isn't a "limbo" contest. Rather, it simply means that other evidence must be submitted to demonstrate impairment, and typically, the charge is lesser. Those sorts of cases are typically pled to what's termed a "wet reckless", which doesn't carry the stigma or legal consequences of DUI, though it's still a serious offense. 4) Attorneys practice criminal defense for a simple reason: even very wealthy individuals, like Donald Trump, for example, can be rendered helpless against the power of the State, especially is that power is misused (as I believe it is in the case of Trump), so why the objection when more "ordinary" folks secure legal representation? They're still PRESUMED to be innocent, it's the job of the State to either overcome that at trial or negotiate a plea deal that gets them "something". They are still officers of the Court and have certain ethical practices that they're required to observe, on pain of loss of their law license. Yeah, "back the 'Blue'"...until it happens to YOU.

[@JWP452]

This shmendrick doesn't exist.

[@selfdo]

@@JWP452 Say the fake cop or would-be cop hiding behind Internet anonimity.

[@englanduk6131]

Defence lawyer saying "get out there and drink, doesn't matter how many accidents and deaths you cause we'll get you off".... No damned conscience these guys!!!

[@selfdo]

That is NOT the message, you pontificating twit, you. The message is: Ok, you got busted, and you blew over the presumptive limit, so, "Game Over", right? WRONG. That's when a DUI practitioner goes to work..but...it'll COST you. Even if your attorney gets your case pled down to a "wet reckless" (a HUGE victory), the penalties will still HURT...and they SHOULD. The process IS the "punishment", and if you haven't marinated your brain into insensibility, that expensive and frightening experience should serve as a life lesson to smarten up and not allow yourself to be impaired when you take the wheel...let "Jesus" do it!

[@terrye6196]

If someone drives impaired there should always be a way to keep them off the road until they prove that it will never happen again. "BEATING" a DUI should never be something to be proud of, instead any DUI charge should be a mark of shame. Granted that we are all presumed innocent until proven guilty in the eyes of the law and have a right to representation. However, if someone drives drunk an gets caught, they will probably do it again if they think they can get away with it. If one of your clients ever gets off due to your assistance and kills or maims someone while driving drunk again - you should be ready to pay part of any penalties and share equal jail time if found to have been under the influence again.

[@selfdo]

Let's see how you self-righteously pontificate if every subjected to a bogus arrest, like DUI or DV. Yeah, "back the 'Blue' "...but it'd better NOT happen to YOU.

[@Sirkento]

@RossenLawFirm this is disgusting. Hope your money helps you sleep at night. Drunk driving is incredibly selfish and proven to kill people. WTF do people DEFEND people for it? Rethink your life

[@selfdo]

Eff you. What's "disgusting" about doing what the law ALLOWS to defeat a DUI charge? Are all cases a "slam dunk"? Anyone that practices law knows that's not so. It's up to the state to PROVE their case and overcome the PRESUMPTION of innocence which even those accused (but not yet convicted) of the most odious of crimes enjoy. As the "Civil Rights Lawyer", John H Bryan of West Virginia puts it in his many YT videos, "Freedom is 'scary'...DEAL WITH IT!" And yes, I could sleep quite well at night if I defended the most hideous of defendants, because that, if nothing else, is the proof that we live in a country that abides by the rule of law, and not subject to popular opinion or the bombastic egos of those currently in power.

[@Sirkento]

@selfdo if legal and moral were the same thing then we would have no need for Morality if we have laws. You can pay expensive lawyers to defend you and still be as guilty as Hitler. I agree with you it's good to be in a country with due process and innocent until proven guilty but that is to protect truly innocent people not to let guilty walk away free. that second part is an unfortunate consequence of the system . No amount of clever speech can alter the morality of that

[@selfdo]

@@Sirkento All well and good to pontificate about "morality", and, of course, laws are usually based on morals, as they OUGHT to be. However, our legal system has devolved into an adversarial setup, with self-interested parties having their own agenda into pre-determining "guilt" for certain offenses that carry greater stigma, such as DUI. No attorney that expects to avoid being hauled before a peer committee on charge(s) of violation of professional ethics is going to counsel his clients on how to break the law. It's a popular misconception that one simply, if (s)he has the means, hires a proficient "mouthpiece" to work their legal trickery to thwart Justice. Nothing could be further from the truth. The Almighty State typically has far greater resources than most, if not all wealthy individuals. Although by no means perfect, in general, our legal system tends to respect the rights of individuals of modest means to secure representation, or none at all. However, a DUI attorney can't and won't guarantee that, if you've been drinking and then drive, and get caught, that you won't be convicted of at least SOMETHING. What his considerably expensive legal fees (average in CA is about $20K for a first-timer, and the fees go up dramatically for anyone stupid enough to repeat) typically secure is the best possible outcome, given the circumstances of the particular case. What the attorney is pointing out is that even if someone "blows" and the results are above the state's presumptive DUI threshold, there's still much that can be done; i.e., as the late Yogi Berra would say, "It ain't over until it's OVER." Me, I'd rather avoid driving at all if there's any issue of intoxication, be it booze (not frequently, and given that faith that admittedly I don't strictly observe, not at all), OTCs, or Rx, the consequences simply are too dire to risk it. But that's not an ironclad measure that'll protect yours truly from being trussed up on a PHONY DUI charge, either, thanks in no small part to pontificating twits like yourself who've succumbed to moral panic, and are perfectly willing to chuck the Constitution and due process out the window, for sake of "Safety". As another YT legal personality, John H. Bryan of WV frequently says, "Freedom is SCARY...DEAL WITH IT!"

[@izzymagishun]

I hope you see my comment. I’m being charged with a dui and I’m taking it to trial. They’re charging me with a dui when I was NEVER driving nor in a vehicle. I was walking out of a gas station with a friend with not even a set of keys in my pocket. Nothing. And got a dui. They assumed I was driving. The lawyers here want me to pay them 20 grand to defend me.. what do I do? Please help.

[@mikeohagan2206]

even a legal aid lawyer should be able to get you off. do they have video of you guys parking the car or something?

[@selfdo]

Find a way to come up with the twenty grand and go to court. You're dealing with a CORRUPT legal system if you're being truthful about your situation.