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How Breathalyzer Results Play Into Dui Cases
The breathalyzer is a device that people assume can deduce the blood alcohol level of anyone tested. This isn’t entirely true. The test measures the amount of alcohol in a particular breath. This represents an estimate of the blood alcohol content, but not an absolutely accurate figure. The fact the results represent only an estimate plays into how the results are used in a prosecution. DUI prosecutions are controlled by state law. Every state has different laws, but most have some similar approaches. The magic number with blood alcohol content is .08. If you “blow” this or something higher, most states will legally designate you as drunk per se. This is a very important determination, but what does this mean and what does it not mean? A DUI case is brought by the state or city against you, the defendant. The prosecutor has the burden of proof in the case. This means the prosecutor must provide evidence proving the elements required to get a conviction. The defense need do nothing other than try to poke holes in the evidence. Well, that is until you blow .08 or higher. The burden of proof changes in many states when a person blows .08 or higher in a breathalyzer test. This means that you are assumed to have been impaired when driving. The prosecutor doesn’t have to prove this element of the crime. Instead, the burden switches to you, the defendant, to prove that the test results should be ignored. This can be done by showing the test was given incorrectly, the machine was not calibrated or by simply convincing the jury the device is so inaccurate that any results can’t be trusted. Failing a breathalyzer test is definitely not a good thing, but it is not the end of the world. A quality defense lawyer can meet the burden of proof to show the results are tainted and win the case. Article Directory: http://www.articledashboard.com Thomas Ajava writes for DUIAttorneyLeeCounty.com - locate a top DUI attorney in Lee County to fight your DUI arrest. |
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