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Criminal Law

: The DUI Blog

Kentucky DUI Case Put Breathalyzer Burps Under the Microscope

By guest-writer

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In a DUI case in Kentucky, a judge in the case acquitted a man suspected of DUI because of a burp. According to the Courier-Journal, a judge found Bertrand Howlett not guilty of DUI because the judge had a personal recollection from his experience as a prosecutor of DUI cases years ago that a burp at the wrong time could skew the results of a Breathalyzer test. Based on that recollection, Howlett was acquitted of the charge that stemmed from when police pulled him over after, according to officials, he was seen speeding and almost driving off the road. Police said he smelled like booze and that he failed a field sobriety test, and they charged him with DUI. However, Howlett claimed that he had burped just before his blood alcohol content was tested back at the jail?a test in which he blew a 0...continue to full post

Full post as published by The DUI Blog on September 19, 2010 (boomark / email).

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