Are Tougher DUI Laws Making It Harder To Defend A DUI Client
Lawrence Taylor (retired) describes the important variables that are taken into consideration in determining the guilt or innocence of a person arrested for DUI. There will always be pressure by groups, such as MADD, to assure that DUI laws are tough on those who choose to drink and drive. This may in turn result in fewer DUI attorneys being able to effectively represent their clients. However, there are many variables that are in favor of a person arrested for DUI. These include the fact that police departments and local governments will always be looking for the cheapest way to enforce their DUI laws. Also, the arresting officer will always be a human being; as such, there will always be some type of error rate that can be questioned. Finally, the machines that are used, such as the instruments used for the breath test, make the assumption that everyone tested is an average person, which results in unreliable measurements of blood alcohol levels. Using cheap techniques to enforce DUI laws, having the ever-present element of police officers being human beings, and the fact that every person tested by a breath machine for blood alcohol is different, are all constant variables in each and every DUI case. It is these variables that are used by specialists such as Mr. Taylor in questioning the prosecution’s case against the arrestee.
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