Mr. Taylor (retired) describes how the trial for a DUI suspect is often unfair, largely because the DUI system is skewed towards facilitating convictions. In some states, there is no right to a jury trial for a DUI suspect, but in California a DUI suspect still has the right to a jury trial. Defendants in DUI cases are often at a disadvantage because the DUI system is designed to bring about a conviction of the defendant. For example, if the blood alcohol test says that the suspect has a .08 blood alcohol level, then he is presumed to be guilty of DUI and, as such, he now has the burden of proving that he is not guilty of DUI. Furthermore, if, for example, the reading on the breathalyzer reads .09 at the police station, then it is presumed that this was the blood alcohol level of the suspect, some two or three hours earlier when they were driving and got pulled over. And, again, the burden of proof will then be on the defendant to prove the impossible, that he/she was at a .09 blood alcohol two or three hours earlier. A DUI defendant starts their case off at an extreme disadvantage and as such, it is essential that they hire an attorney who is a specialist in DUI defense.
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