NyQuil Defense Victory

Amberg & Amberg attorney Jim Amberg recently won a probation violation hearing in which his client was accused of testing positive for alcohol during a morning random breath test.  The client had indicated to Jim that she had consumed NyQuil prior to taking the breath test.  During an initial hearing, the Court indicated to Mr. Amberg that he had never seen the NyQuil defense work, and indicated his scepticism of NyQuil's ability to cause a positive alcohol test on a portable breath test machine.  After a heated hearing in which Mr. Amberg repeatedly pointed out the failings of the State Lab's claims that NyQuil cannot cause a positive alcohol test, the Court chose not to find the client in violation of her probation and refused to sentence her to jail, as was requested by the probation department.