Ray Hrdlicka – Host – Attorneys.Media
“How does that work? I don’t understand, how… it should be the other way, shouldn’t it?”
Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA
“Well, no, because we’re basically… think about it. If I take five shots of Tequila, right now, I’m at a 0.00… five shots, and then five minutes later, I’m at a 0.02, and then I’m at a 0.03. I get my car..”
Ray Hrdlicka – Host – Attorneys.Media
“I get it. Okay, yeah.”
Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA
“I’m driving, and I’m a 0.06. Cop pulls me over. I’m at a 0.07, and I’m not impaired, at that point. Cop pulls me out of the car. I start doing some of these tasks. And, you know, hypothetically, I don’t do any of these tests. And then all they do is, later on, they have the evidentiary tests. Where you are 0.15. And now, if they don’t have the field sobriety test at the time of the driving, and they don’t have the preliminary alcohol screening breath test, which is also optional at the time of driving. All they have is that one evidentiary test, 45 minutes after the time of driving, that says you’re a 0.13.
But they can’t say at the time of driving you are above a 0.08 because they don’t have any objective test, any standardized field… standardized field sobriety test, nor do they have the preliminary alcohol screening test. So, I make the argument, it was climbing at the time that the police officer pulled them over, below a 0.08 at the time of driving. And that’s honestly, that’s true a lot of the time.”
Ray Hrdlicka – Host – Attorneys.Media
“Well, it makes sense, biologically, as you just described it, how it gets into your system. It really is the frequency of when you drank, when you drove.”
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