My question involves criminal law for the state of: California.
I recently was arrested for DUI, in the field I blew a .08, 2 and a half hours after my last drink. I was stopped by CHP because the passenger in my car threw a cigarette butt out of the window, which caught the attention of CHP. When I was stopped, the officer saw the other passenger passed out in the back seat and asked if he was alright, before I could say anything, my other passenger said he was trashed. The officer then asked her if she had dranken, then asked me, I said I had had a few beers, and that my last drink was more than two hours prior to me operating the vehicle, which I was always taught was acceptable. I am a large gentleman, I have bad knees, a medical infection causing back pain, I am out of shape, I have horrible balance, and my hand-eye coordination is not much better (except for some reason behind the wheel, I have excellent skills in operating motor vehicles) I was not ridiculously intoxicated, and I was not expecting to blow the .08, the officer was expecting much higher, and because he 'misjudged me' he chose to be nice and not tow my car. I was given the field sobriety tests, ending with the breath test. So far what I've come across online is it is a requirement that officers wait 3 minutes in between breath tests (this officer waited 2 minutes). I was then placed under arrest. I was not read my rights. I was not told I had the right to refuse the preliminary breath test, the officers also chose to not follow procedure in multiple different ways, from the breath tests, to the other sobriety tests, to the interrogation process, lying to me about multiple laws, and giving me an eye test while I was still in my car, with me bending over and kinking my neck up to be able to see the officers hand- due to how high up in the car I sit and how low to the ground the car is. I did not smell of any "Alcoholic beverage" (they don't smell alcohol, they smell the mix that alcohol is usually added too- Odoul's beer and budweiser have an almost identical smell) I was not swerving or speeding, the only reason I was stopped is because my passenger was stupid and flicked her cigarette at the cop car. The officers transfered me and my passenger (she was arrested for her own problems) to another unit transporting another DUI suspect to lock up- they crammed all of us into one unit, which was very difficult and uncomfortable, they denied me access to me medical perscription, which I need every 4 hours to keep the infection from causing excruciating pain, I warned the officers 4 times before leaving my car, and he promised he'd grab it so it was made available to me at the jail, which was 45 minutes from where my car was left, and I was held for 12 hours from time of arrest to time released from lock up. I made the officers aware of all my medical conditions, and the inability to keep my balance or exert myself for their tests.
In addition to this, I was sleep deprived. I work nights 4 days a week, and then saturday mornings. Saturday I had received 2 hours sleep total from friday at 2 pm on until my arrest. My sleep schedule is awkward, and it results in me being exhausted at random times, and rightfully so. I had not eatin anything but a hamburger at around 9-9:30 pm saturday night. I had a total of 5 beers and 3 shots of whiskey between 9:30 pm and 1:30 am, and didnt drive until 3:15 am, breath tested at 3:45, blood tested at 4:40 am. Fatique DOES come into play, as I was a witness in a trial for a friend who blew a .10 and blood tests came back .12, but do to his own level of fatique, the original breath and sobriety tests AND blood tests were thrown out of court. After three months and 4500 dollars spent on an attorney (who btw wanted him to settle, HE did the research for her, he told her to take it to trial, and told her what to present as a defense, she said it was pointless, but in turn it won him the case) the D.A. dropped all charges and he was free to go.
What I'm looking for here is anyone who might be able to provide me with some DUI court decisions (A vs. B.) that might help me, as I cannot afford an attorney, let alone any special witnesses (such as toxicologists), I can barely afford the gas money I'm going to spend during my one month suspension to hitch rides to and from work. I have requested my DMV hearing, and I have a meeting with the public defenders office next week. I am more than positive I will have to do my defenders job for them, in terms of research and supporting evidence to suppression motions. I do plan on requesting the discovery package, and filing a motion for a speedy trial on my court date. I'm also planning on filing to have the charges dismissed due to double jepordy, as I'm charged for the DUI twice (driving under the influence, and the charge specifically for the BAC of .08 or higher). I'm just having trouble finding case study court decisions on the subject, or I find decisions that do not apply to me. If anyone could help me out, I would greatly appreciate it!
And to think I was a half mile from home. Thanks guys!