While many lawyers do not like high BAC DUI cases, we do. Why? Because a high BAC reading indicates true impairment, and it should be obvious on video. However, many of our clients with high BAC numbers appear just fine. So just how reliable are these breath test machine numbers?
High BAC DUI Arrest
Because we handle so many DUI cases each year, we watch a lot of arrest videos. Consequently, we see many arrests where our clients look reasonably fine but nevertheless have a high reported BAC reading. Furthermore, we know from experience that breath testing machines are not reliable or trustworthy. However, police and prosecutors swear by them even when the video shows something much different. As a result, juries will dismiss a high BAC and trust what they see for themselves. And that makes our job easier at trial. Rather than focus on the machine, we focus instead on how our client appears on video.
Two Ways to Convict in DUI Cases
While most know the “legal limit” way to convict, the State actually has two ways. So in cases where there is no BAC number, prosecutors can instead show “material and appreciable” impairment. Rather, police may testify that our client “failed” the roadside field sobriety tests. However, we would counter that no one ever does well when trying these tests for the first time. In addition, we highlight those things on video that our client does well. For example, getting out and walking to the rear of the car without difficulty is important to our defense. And even though we have to prove nothing, we show the jury why they should question the State’s case. As a result, the jury finds “reasonable doubt” and finds out client not guilty.
For more information about how we defend high BAC DUI cases, please call any of our DUI lawyers directly. Call Robert Reeves 803.554.4157 mobile or email .