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Criminal Law

: DUI Blog

?Close Enough for Government Work?

By Lawrence Taylor

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With more than a little federal coercion, all states have now passed laws lowering the blood-alcohol level to .08%. And most people suspected of violating the law are given breath tests to determine the level of alcohol in their blood. The breathalyzer will take a small sample of the suspect's breath and estimate how much alcohol is in it — and, from that, estimate how much may be in the blood. And what that machine says is pretty much the end of it. There will be no second tests. There will be no cross-examination of the machine. Are these machines so reliable and accurate that we have permitted them to become judge and jury? Scientists universally recognize an inherent error in breath analysis, generally of plus or minus ...continue to full post

Full post as published by DUI Blog on May 22, 2009 (boomark / email).

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