Attorney Kirk Tarman Explains One Of His Primary Arguments In The Defense Of A DUI Arrest
One of San Bernardino DUI attorney Kirk Tarman's primary defenses is the rising-alcohol argument: that a driver was under 0.08 at the moment of the stop but climbed above it by the time of the later evidentiary test. Since police will likely arrest regardless, he says the key is not handing them added evidence of impairment at the roadside.
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Answered by Kirk Tarman · San Bernardino County, CA
Highlights
— the rising-alcohol argument: below the limit when actually driving
Frequently Asked Questions
What's the rising-alcohol DUI argument?
That a driver was under 0.08 at the moment of the stop but climbed above it by the later evidentiary test—so the number at the station doesn't prove impairment while driving. The key is not handing police added evidence at the roadside.
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