Legal Question in DUI Law in California


My 19 year old son was cited with a infraction for having a blood alcohol level of .01%. All that I have read state that these breathalyzers are so in accurate the courts leave a .01% for human error. My son was not drinking the night in question. The only thing we can think that caused him to blow the .01% was the cough medicine he had been drinking all week for a cough, the fact that he is a smoker or his anxiety level increased when he was harassed by the HP's. All these are, and many more are possibilities that I have read that can cause the breathalyzer to give a inacurat reading. The problem is becuase it was a infraction he is not entitled to a public defender. Do you know a organization or agency that will represent him for little cost?

Asked on 12/02/08, 11:55 pm

1 Answer from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Dui

A dui is not an infraction it is a misdemeanor. He has the right to be represented by an attorney on a misdemeanor. Contact a local law school and ask about a program for students to get practical experience in the court room.

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Answered on 12/13/08, 9:14 pm

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