Video – Attorney Kirk Tarman Explains The Defense Against The “A” Count In A DUI Arrest

Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA

“So, you…but to prove somebody is not driving with a 0.08 or above is a little bit more difficult to accomplish when they’ve got a blood alcohol result saying 0.12. Or an evidentiary breath test…say 0.15. So, you can’t really attack whether the person is impaired. For the B count, all you can attack is whether they’re above .08 at the time of driving. But for the A count, you can attack that. You can’t say, look, look at how he does in the field sobriety test. Look at how he’s performing. Look, how he’s driving. Look at how he was interacting with a police officer.

So, the A count is a little bit more artistic and a lot more action on it. When you go to trial. The B count, you have to come up with a number of other arguments to show that they were not above a .08 at the time of driving. And there are a lot of those.”