Can you still challenge a breathalyzer after sentence has been given and served? 9 Answers as of October 25, 2013

An individual was arrested for DUI after failing the breathalyzer test they were given at the scene. After arriving at the jail, they were not given the second breathalyzer test that is normally done at the jail since the test at the scene normally does not hold up in court. The individual had a PD who unfortunately did not challenge that issue and then they were sentenced to a year but served 6 months for good behavior. The individual just recently was arrested again and within a 5 year period from the last DUI. Can the first DUI charge be challenged at this point even after the sentence has been served as a means of defense involving the second DUI charge? And the moral of the story? Don't drink and drive.

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Michael Breczinski
Michael Breczinski | Michael Breczinski
No. You snooze you lose the rule in court.
Answer Applies to: Michigan
Replied: 10/25/2013
Universal Law Group, Inc. | Francis John Cowhig
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The short answer is possibly, depending on the circumstance of the original plea. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answer Applies to: California
Replied: 10/24/2013
Hudson Bair | Hudson Bair
I'm not sure what you are asking, the earlier offense is over and done, the defenses are no longer available. His/her new attorney may choose to raise issues in the earlier case as part of a sentencing memorandum on the new case but it is likely to go no where. The real moral of the story? Hire a competent DUI defense attorney and fight the case.
Answer Applies to: California
Replied: 10/24/2013
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
No, challenging the factual basis for a prior conviction is not possible unless it can be shown that the plea of guilty was not knowingly and voluntarily entered into at the time it was done.
Answer Applies to: California
Replied: 10/24/2013
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
No. Only avenue to challenge is appeal. Have 30 days from sentence.
Answer Applies to: California
Replied: 10/24/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Nope. The moral of the story is, hire a DUI specialist. You get what you pay for pal.
    Answer Applies to: California
    Replied: 10/24/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Don't drink and drive. Yet, even after serving six months in jail, the "individual" did not learn that lesson. Therefore, I would think the person is a hardcore alcoholic.
    Answer Applies to: Georgia
    Replied: 10/24/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    No it cannot. The time to challenge it would have been before there was a plea or sentencing. Once you plead guilty you are waiving any defects in the prosecutor's case. Otherwise, people could come back years later and challenge cases that have already been resolved which would create a tremendous strain on prosecutors, the police, and the judicial system.
    Answer Applies to: Michigan
    Replied: 10/24/2013
    Law Office of Russell A. Warren
    Law Office of Russell A. Warren | Russell A. Warren
    No. The "administrative" time limits for challenging those issues have long since run. If a challenge to those issues is not filed in a "timely" fashion pursuant to the statutes, then one is deemed to have "waived" the right to challenge those matters.
    Answer Applies to: Missouri
    Replied: 10/24/2013
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