Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here Breathalyzers: Why Aren’t They Warranted to Measure Alcohol? »
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- If you are facing drunk driving charges, then you must have taken (unless that you refuse) a chemical test for checking a blood alcohol concentration (BAC). It has been noted that the test will be done with a breath machine in the great majority of cases. When you face the trial in a court then you will come to know that you have been charged with not just one, but with two crimes.
First Charge:
The first crime with which you have been charged is the so-called "per se" offense: driving while having a BAC of .08% or greater. It doesn’t matter and no one actually cares whether you were intoxicated or not. It would be proved by all of the evidence that without question you were sober: your condition is not the crime, instead of that the crime is your chemical composition. And what is the sole source of evidence used by the police officers upon which you will be either convicted or acquitted? Just a machine.
Second Charge:
The second charge that you have to face is "driving under the influence of alcohol" ("DUI"), or in some states, it is referred to as "driving while intoxicated" ("DWI") or "operating under the influence" ("OUI"). All of them are basically the same thing. However in each case, it can be proved by the prosecution that you were under the influence of alcohol by offering the results of the same breath test into evidence and the jury will be instructed that it should be refutably believed that the defendant is guilty unless he can prove otherwise.
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