Found an issue on this page? Let us know and we will look into it as soon as possible.
DUI arrest with Breathalyzer of 0-what recourse do I have?
Anonymous6 views4 answers
I was pulled over for driving without my lights on and the officer thought I was a DUI, failed me on the road side test, arrested me only to find that two breathalyzers came up 0. I'm out $95 for towing and am worried about my insurance rates with this arrest now on my record. I have a clean driving record. Haven't even had a speeding ticket for 5+ years. The police dept. Is refusing to clear my record. What other options do I have?
Did the police draw blood as well?
To be honest, you wouldn't believe what the police and prosecution will try to pull off. You need to discuss your case with a DUI attorney in much more detail than you should share on thus website.
It sounds like no charges were filed against you. Is this correct? If so, this will no affect your insurance as it will not show up on your MVR or anywhere else that insurance looks.
if you are concerned about an arrest record, you can move to seal this. The police agency will not assist you with anything. http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=34 - go here to find out more information about sealing this arrest so it does not negatively impact you in the future.
Unfortunately, you have experienced what DUI law has become. It is about $$$$ and not evidence or facts, I'm quite surprises that the officer did not require you to take a blood test after you blew triple zeros. Most the time they mandate a blood test in this scenario and still charge you with a DUI pending the results of the blood test. Then even with a clean blood test, you have to make repeated court appearances and the DA still wants you to plead to some b.s. charge because of the officer's statements that you seemed impaired.
