Can I still be proven "not guilty" even if I blew a legally impaired or drunk blood alcohol level into a breathalyzer?
Yes. Only with a very good attorney - Read the following:
DUI Criminal Defense Attorney representation has become a big money making business for the government, attorneys and owners of rehabilitation/counseling centers. Many attorneys will plead you guilty and try to get a lighter sentence or a reduce guilty charge. It takes time, effort knowing the weak points of the prosecution's evidense and thorough timely investigation in order to get a "not guilty" verdict or "not sufficient evidence" for a not guilty result.
Positive breath test/breathalyzer results and the variances that are legal:
Can a breathalyzer consistently measure accurately a person’s blood alcohol level? Can it be inaccurate?
a) The breath test machine/breathalyzer, you took can contain at times a margin of error. There can be a margin of error which can possibly result in a “not guilty” verdict. These are one of the major points of investigation since these breathalyzer test results are not accurate enough to be relied upon in court for these very reasons to produce a guilty verdict beyond a doubt.
b) Another source of error involves the difference between the breath test results themselves. A wide disparity between your breath test results may show that the machine incorrectly and inaccurately recorded your blood alcohol level. The breath test on the road can vary greatly from the breathalyzer test in the police department and comparing the time lapse between the two tests. They are supposed to give the second breathalyzer test to you right away for this very reason.
If there is a large variance between the first and second breathalyzer test result, the machine you blew into may be malfunctioning and incorrectly recording evidence against you, this has been known to happen.
The police will ask you to blow into the device more than once so they can verify that the results are close enough to each other in accuracy so there does not appear to be a variance or discrepancy in the results. If there is a wide variance, it may be proven that none of the results can be used as evidence and the breathalyzer cannot be verified for accuracy, which can result in a "not guilty verdict."
Call us and we can tell you what the legally allowable variances for breathalyzer tests. Many attorneys are not even aware of this strategy, or inquire about it for the defendant that they are representing.
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Drunk Driving Cases are Different.
There are many events that need to be done by proper legal protocol and each individual case are very unique from one another.
DISCLAIMER: This entire website should be strictly used as informational purposes only. It is not to be construed as legal advise or as a legal consultation since each individual case is unique. Check this website periodically for updates.
What are the other strategies that can be used to help lead to a desirable verdict or a possible "not guilty' outcome?
If you are pulled over for speeding or running a stop sign for instance the police may possibly be proven to be bias and determine to make it worth his/her time to pull you over. Especially if there is a quota that the must be made.
The reason for being pulled over should be thoroughly investigated and the amount of time that the officer deters you and what he does and says to you is very important just as much as what you say and do during the pulled over stop from questioning, during the arrest and post arrest timeline.
Did the police officer read you your all of your Miranda Rights? This is legal protocol requirement.
There are a multitude of perspectives to be examined in each case.
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