Legal Question in DUI Law in Illinois

Had an accident and blew very high. I have a hiatal hernia and acid refux real b

I had an accident. I stayed and waited for the police and called my son because I knew the car was undrivable and I needed a ride.I had been drinking some and t he cop had me do the field sobrity test standing on one leg. I told them that I had two bad knees and couldn't do those types of test but they made me do them anyway. I had braces on my legs. The cops arrested me for Dui with no field test. I wasn't resisting in any way but they were very rough for no reason, hurting my rotater cuff. My son and another peron saw all of this. I wasn't worried about blowing because I knew the amount of alcohol I had consumed and in what length of time it had been when I started. anyway, I blew at the jail and it was a .222, nearly 3 times the limit. I told them no way but that was the only test I was given. Aren't they supposed to have something to compare the test too?

I have heard that if you have acid reflux and or hiatal hernia, that the test can be inaccurate. Is this true, because I have both?? I bit my cheek in the wreck but it wasn't anything serious so didn't say anything to the officers. I did show my son and the other person that it was bleeding. Can that change the test?

Can you phyiolgicly be unable to do a breathilizer?

Asked on 1/15/05, 2:18 pm

1 Answer from Attorneys

Michael Rosenblat Michael C. Rosenblat., P.C.

Re: Had an accident and blew very high. I have a hiatal hernia and acid refux re

Blood in your mouth can produce an incorrect reading.

Mike Rosenblat


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Answered on 1/15/05, 6:47 pm

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