A man in Kansas was acquitted in his DUI case recently, despite his breath being measured at .080 grams, the legal limit in the United States. The man’s attorney argued during his driver’s license hearing that a Blood Alcohol Content (BAC) of .080 was not enough evidence on its own to find his client guilty of DUI beyond a reasonable doubt.
Furthermore, the attorney was able to show that the Intoxilyzer 5000 had shown inconsistencies in recent tests. The Assistant District Attorney retorted that a BAC level of .08 was in clear violation of federal DUI law and pushed for conviction. The District Court Judge apparently agreed with the attorney and ultimately granted his Motion to Acquit.
The man was initially pulled over for weaving in and out of his lane of traffic. Upon his arrest, the man was taken to the county jail where he submitted to a breath test. Upon his acquittal, the man plead guilty to the lesser charge of failure to maintain a lane. The case is set to go to Supreme Court in the next couple of weeks.
If you have been charged with DUI or a similar crime, know that you have options for fighting your case. The key is to have an experienced attorney, like the man in this article had, review your case and serve as your advocate. If you have been charged with DUI, contact experienced, board-certified DUI attorney Glen Neeley for your free DUI case evaluation today.
Source: http://www.onlineattorneys4u.com/2009/10/kansas-dui-case-going-to-supreme-court/
