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California laws on driving under the influence may impact drivers

A charge such as driving under the influence can be life changing for the accused party. California residents may be accustomed to reading about such charges in the paper, but may not realize that not all accused parties are actually guilty of the charges. An article discussing how some evidence may not be permissible in court could be important for individuals who have been charged with driving under the influence.

In the particular case described, a gentleman was pulled over on the highway while traveling approximately 125 mph. At that time, he was given a breathalyzer test that showed his blood alcohol content to be 0.086, which is over the legal limit of 0.08. He was then arrested for driving under the influence and taken to a local jail. At that time, he was given an intoximeter test that read 0.08.

Following that, the gentleman asked to submit a blood sample, stating he knew how much he had had to drink, which he claimed was a few glasses of wine with dinner. The blood test results showed his blood alcohol level to be 0.087. When the case went to court, an expert scientist was placed on the stand and explained, in detail, how the results discussed were not scientifically proven. In this particular case, the judge cited a previous law that states 0.08 is considered legally intoxicated, and therefore the only argument the defense could have presented was a malfunction of the machine.

California residents in a similar situation, facing charges for driving under the influence, may benefit from the contents of this article. Since every case is different, having exact details and understanding the laws applicable to their situation can be beneficial. Having the proper understanding of not only the law, but the consequences a person can face, may help determine how they move forward with their defense.

Source: thenewspaper.com, California Supreme Court Outlaws Science In DUI Cases, No author, Nov. 29, 2013

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