What Happened to the Presumption of Innocence? »

August 15, 2009

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This happens in most countries of the world, an illegal charges by the State forces the accused to prove himself innocent. However, in America, the presumption of innocence has always been a fundamental part of our rights as a free people.

This basic protection that has been given against the power of the government has been recognized as flowing from the 5th, 6th and 14th Amendments to our Constitution. As said by the United States Supreme Court, “The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement lies at the foundation of the administration of our criminal law.” Coffin v. U.S., 156 U.S. 432 (1895).

So what has happened to this presumption of innocence in a case of drunk driving? Can we consider this as another example of “the DUI exception to the Constitution”? So let us take a look at how this fundamental right has been slowly eroded by our DUI laws….

So now Let us assume that you have been arrested for drunk driving, and a reading of .09% blood-alcohol concentration (BAC) is shown by breathalyzers. By the breathalyzer you will be charged probably with two crimes:

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