At the time of the stop, Bruce was on his way home. He knew that at 6-feet tall and 180 pounds, his BAC would be close to the legal limit, and he didn’t want to risk an inaccurate reading leading to a second DUI conviction, which calls for stricter penalties, more jail time and the installation of an Ignition Interlock Device. This could also doom the appeal of his first conviction, which he had hired a private attorney to work on.
The police officer asked betrouwbare corona testen Bruce to step out of his car and undergo a Field Sobriety Test. Bruce refused, having heard from his San Jose DUI attorney that one in four innocent people may fail these tests, as some of the physical tasks demanded, such as walking heel-to-toe in a straight line or holding one’s arms out while standing still, can be difficult even for people who haven’t been drinking. The officer then asked Bruce if he would submit to a Breathalyzer test. Bruce refused this too, remembering what he’d heard from his lawyer about the inaccuracies of the devices.
He knew that refusing a Field Sobriety Test was grounds for an automatic arrest but that with a second DUI in question, he had nothing to lose and everything to gain. He knew his best bet to go home free that night was with a blood test at the police station.
The officer took Bruce into custody and drove to a local CHP office. Bruce’s attorney met him upon arrival at the police station. On advice of counsel, Bruce refused to undergo a police interrogation and agreed to have blood drawn for a test of his BAC. By now, it had been more than two hours since his last drink, and Bruce was reasonably certain his blood content would be under the legal limit. He also knew that if the reading was over the legal limit, his attorney might be able to argue that the blood vial showed fermentation, a defense often successfully used against a drunk driving charge.
As it turned out, the reading came back as 0.07 and Bruce was free to go home. Six months later, his attorney got his first DUI conviction thrown out on grounds of police misconduct and had his arrest expunged from his record.