You should probably request a public defender instead of hiring a private attorney, if you are eligible. Then the PD can see if there is anything fishy in the police report (which is all that will matter). If so, then spend your money on the expensive attorney if you don't trust the PD. Private attorneys are often (not always, since I myself don't do this) full of sunshine and butterflies only to later disappoint you with the not so sunny truth - hence him promising you that he will "fight to prove your innocence." That is what you are hiring him for, not a promise that he's going to be able to get you off.
I cannot tell you how many times I heard my client's story and thought we might have a shot only to read the police report later and realize there was NOTHING that could be done. Luckily, I never take a DUI anymore without reading the police report, since there is almost never anything that can be done (as cdwjava explained in detail).
Breath can't be re-tested. Blood can, and always comes out between .01 and .02 lower than the first test. Ergo, if you have a .09 at the station, come trial it will only be .07, which is awesome evidence against the (b) charge.
That is illegal in California. That's why he would get a no. Sometimes I'd gladly do it, dependent on the police report of course.


