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Are you jammed up on a DUI charge? It is time to call the Fort Wayne DUI Guy at The Robert Bellinger Law Office. We have helped hundreds of good people like yourself handle serious criminal charges that could affect their lives for years to come. If you are facing charges for DUI/OWI in Indiana, call the Fort Wayne DUI Guy so we can get started on your defense right away.
Police are the front line against drunk drivers. Often, removing inebriated drivers from the road makes everyone safer. A charge of DUI is vastly different from a conviction, however. The charge means that the prosecutor is still in the process of proving the state’s case.
What does a prosecutor need to prove a DUI charge? Typically, there are two types of evidence presented in court. The prosecutor will have the arresting officer’s testimony of the incident and any chemical tests that were taken at the scene.
Most folks are under the impression that DUI breath tests are settled science. Nothing could be further from the truth.
Breathalyzer tests test your breath. Blood tests test your blood. In order to determine someone’s blood-alcohol from a breath test, you have to make several basic assumptions. For example, you must assume that the ratio between blood alcohol and breath alcohol corresponds on a 1:1 basis. It does not. There are a number of factors that could impact a breath alcohol score that would not be a factor in a blood alcohol test. For that reason, a breath alcohol test is nothing more than an indicator of whether a more accurate test should be administered.
For instance, if you just took a sip of alcohol, your BAC will register an inflated result. The presence of acetone on the breath, which is related to keto diets and certain medical conditions, can also inflate your breath alcohol score.
If your BAC is extremely high, like .20 or greater, chances are not good that you can raise this as a defense. However, if your BAC is on the cusp of legality or right around the level of .15 or greater, which would result in more severe charges, then taking a closer look at the breath results would definitely be worthwhile.
Facing DUI charges is not easy. It is frightening, confusing, and the risks to your future are considerable. A skilled DUI attorney can raise several defenses that can minimize the damage of the charges, resulting in a plea offer, or get the charges dropped entirely. Call The Bellinger Law Office today to learn more.
- on October 13, 2020
- on September 29, 2020
- on September 15, 2020
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