Which DUI test counts? 4 Answers as of September 16, 2010

I was pulled over for speeding at 3 in the morning and was given sobriety tests. I presumably passed the field sobriety tests. They made me take the road side breathalyzer and told me that I blew a .088. They then took me back to the station and gave me another breathalyzer test and I blew a .075. About an hour or so had passed. Which test result is going to count?

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
Both. Your attorney and the DA will deal with the issues in any applicable motions, plea bargaining or at trial. If this is in Southern California courts, and you are serious about getting counsel, feel free to contact me.
Answer Applies to: California
Replied: 9/13/2010
Steven Mandell
Steven Mandell | Law Offices of Steven Mandell
Both of the results will go into the police reports which go to the court, but the official one (the one that counts) is the second and lower one, which is below the legal limit. Chances are good that the DMV will not suspend your license, and that the prosecutor won't file a DUI charge against you, but I have seen both occur in this situation. It is really something that a lawyer experienced in DUI and DMV matters should look into for you. If you'd like to talk to me about this, feel free to call for a free consultation.
Answer Applies to: California
Replied: 9/13/2010
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
It is unlikely that the DA will file on you unless the cop has you going 100+ mph.
Answer Applies to: California
Replied: 9/13/2010
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