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Criminal Law

: DUI Blog

State Supreme Court Orders Breathalyzer Secrets Exposed

By Lawrence Taylor

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If you are arrested for drunk driving, you’ll probably be charged with two crimes.  The first is DUI – "driving "under the influence" (sometimes called DWI – "driving while impaired").  If the reading from a breath test is .o8% or higher, the laws of most states rebuttably presume you to be guilty of the crime.   The second crime you will be charged with is driving with a blood-alcohol level of .08% or higher.  In this case, there is no presumption: the breathalyzer reading is the crime.  And in many states, the reading is presumed to be accurate.  See Whatever Happened to the Presumption of Innocence?  Obviously, the accuracy and reliability of these machines — which are run by computers — are critical...continue to full post

Full post as published by DUI Blog on May 04, 2009 (boomark / email).

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