Question: i was charged with a DUI in San Fernando, CA. i passed the Field Sobriety tests. they said .10 on breath machine though i had 2 drinks in 5 hours

Answer: You didn’t really ask a question here. Based on what you wrote, I am assuming the Breath test you performed was at the scene, and was a PAS (preliminary alcohol screening) test. Those machines can have a lot of issues, and generally speaking, not equipped with a “mouth alcohol” detector that can cause inaccurate and false high responses. There are also a lot of other potential issues with breath machines. I would recommend contacting and hiring an experienced DUI attorney. Weight is a determining factor, but 2 drinks over the course of 5 hours (assuming average drinks….ie. an approximate 1 ounce of 80 proof alcohol, or equivalent of beer or wine), then a .10 sounds high. There is a LOT of issues and scientific complexities with DUI cases that a DUI attorney in your area can go over with you in defending your case.

Phil Hache,

Criminal Defense & DUI Attorney
Handling DUI and Criminal matters throughout Courts in Southern California including Van Nuys, CA, San Fernando, CA, Burbank, CA Glendale, CA Pasadena,What CA Metropolitan Court, Bellflower, CA, Alhambra, CA, Malibu, CA, Compton, CA, Santa Clarita, CA, Airport Court, Inglewood, CA, Los Angeles, CA and other Courts.