Quote:
Originally Posted by Kimbev1
I have an appeal today at 330 They denied me at hearing I had two beers prior to coming to work failed a breathalyzer 0.134. I was not intoxicated. Any suggestions
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The legal basis is that you are intoxicated at that level. All known studies support intoxication. So regardless if you personally felt you were intoxicated or not, the law and medical sciences says otherwise.
You only hope in an appeal is to be able to challenge the basis of the suspicion, challenge the authority to conduct the test, challenge the testing itself, and challenge the response to to the test.
Do you think you can gather all the necessary documentation and witnesses as well as the equipment manuals and operation guides along with any professional experts by 3:30 today?
Your Hail Mary will be if the employer fails to appear you say nothing. Otherwise, you have to show the testing was a violation of your rights and is thus excluded by law or that the reaction to the results failed to abide by company policy. You may be lucky that the device used in the test was for presumptive testing and not conclusive testing. Do you have a copy of your employers policy on drugs and alcohol?
Essentially, what do you have as way of evidence or a defense?
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