October 10, 2013 /24-7PressRelease/
-- When the state prosecutes a person for driving under the influence charges, much of the case is based on lab tests showing that the driver's blood alcohol content was higher than the legal limit of 0.08 percent. Some people charged with DUI in California are beginning to question the reliability of the tests, given what they argue are flaws in the state's testing procedures and equipment.
More people facing DUI charges
are questioning the accuracy of the tests that the state uses to calculate a driver's BAC. People are arguing that the method is outdated and inaccurate. They argue that the test merely gives an estimate of a person's BAC and is not scientifically precise. Those challenging DUI tests
argue that the test results also need to include the margin of uncertainty when presented in court, which tells people range within which the driver's BAC could fall. For example, a driver whose test results showed a BAC of 0.10 percent with a margin of uncertainty of 0.03 percent could have actually had a BAC of 0.07 percent -- which is under the legal limit of 0.08 percent. The margin of uncertainty could mean the difference between a conviction and an acquittal.
Furthermore, critics of the state's test argue that juries need to know about the margin of uncertainty for the BAC test results because presenting the results as a single number is deceptive and gives jury members a false impression about the accuracy of the tests.
Another criticism that people facing DUI charges have of the state's DUI testing procedures is the labs' equipment has not been certified to international standards, so they cannot guarantee the accuracy of their tests. As of August 2013, only Santa Clara County's forensic equipment has been certified to meet international standards to test for BAC. However, the state plans to have the rest of the counties' equipment certified to international standards by the end of 2013.
Speak with a lawyer
California DUI charges are very serious matters. A person convicted of DUI charges in California faces severe consequences, including loss of driver's license, fines, possible jail time and potential required use of an ignition interlock device. Such penalties can turn a person's life upside down. It is crucial to have skilled legal representation when facing DUI charges who can examine every angle of the case and raise all possible defenses. If you have been charged with DUI, speak with a seasoned California DUI defense attorney who can vigorously defend your rights.
Article provided by The Law Office of Charles B. Smith
Visit us at www.charlessmithcriminallaw.com