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The Breath Machine (EC/IR) in DUI Cases

By Bruce M. Robinson, P.A.

At this point we all know that the breath machine, in Maryland it's the EC/IR, in DUI/DWI cases is a vital part of the DUI conviction process; that's why the legislature has its very own law for blowing a number of .08 or greater into the contraption. The law is known as Maryland Transportation Article 21-902(a)2 or the per se law. This law says that if you blow a .08 or higher, your are in violation of this statute and therefore you are GUILTY of this crime, irrespective of any other details regarding your case. Pretty stringent huh? Particularly if you consider that these machines are not particularly accurate in determining a person's BAC (blood alcohol content). How can I say these machines are not particularly accurate? Well, don't take my word for it, I'm just a lawyer...continue to full post

Full post as published by Maryland DUI Lawyer Blog on February 16, 2009 (boomark / email).