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Corpus Christi DWI lawyer

Myth: Breathalyzers and other breath testers are accurate.

Fact: There are many, many sources of error in breath testers. For an explanation of some of them visit Breath Analyzer Accuracy.

Even in the absence of any of these common problems and under ideal conditions, alcohol breath testers simply lack precision. Law professor and attorney Lawrence Taylor explains that “Scientists universally recognize an inherent error in breath analysis, generally of plus or minus .01%.” In addition “This has been acknowledged by courts across the country (see, for example, People v. Campos, 138 Cal. Rptr. 366 (California); Haynes v. Department of Public Safety, 865 P.2d 753 (Alaska); State v. Boehmer, 613 P.2d 916 (Hawaii), recognizing an even larger .0165% inherent error). 6

This means that under ideal conditions, which is a highly unlikely situation, a BAC reading of .08 reflects an actual BAC of anywhere from .07 to .09 or even .065 to .095. That’s a margin of error of 20 to 30 percent.

Would this be considered a reasonable margin of error for an accountant, airline pilot, or bank teller? Is this a reasonable margin of error in court, where guilt should be proved beyond a reasonable doubt?

Corpus DUI lawyer

One judge who has been criticized for allegedly being too “soft“ on defendants is Judge Jerome Leonard of North Carolina, who defends his decisions. “We have taken an oath to uphold the law,“ Judge Leonard explains. “If there’s a reasonable doubt, I have to find that person not guilty.“

Corpus DWI attorney

Corpus Christi DUI attorney: Seven percent (7%) of all traffic accidents involve alcohol use, according to NHTSA estimates. It is estimated that 2.25% of all vehicular crashes involve intoxicated drivers.

These statistics are all estimates based on incomplete information. Often they are estimates based on other estimates. However, 12.8% of all drivers involved in fatal accidents in the U.S. during 2001 are known to have been intoxicated according to the BAC laws (.10 or .08) of their state. This number is based on a systematic examination of the official records of each and every accident involving a fatality during that year in the US. It is based on factual evidence rather than on estimates or guesses.
Corpus DUI attorney
Corpus Christi DUI attorney
Corpus Christi DUI lawyer

A person who dies in a traffic crash is just as dead whether the accident was caused by a drunk driver, a cell phone user, an aggressive driver, or a drugged driver. They must all be stopped.