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DWI/DUI |
| I submitted to a breath
or blood test and the result was over a .08. Why fight
it? |
| There are several reasons to fight even
if your test result was over a .08. Remember, the test
was performed by a human being (and humans make mistakes),
and it was recorded and processed by a machine (machines
have to be maintained correctly, and they wear out just
like other machines). It will be the government's burden
to prove that everything was on the "up and up" with the
breath test machine or that the proper procedures were
followed with a blood test. Also, your body metabolizes
(processes) alcohol at a certain rate. Just because you
were over the legal limit 90 minutes after you were arrested
does not necessarily mean that you were over the legal
limit at the time you were operating a motor vehicle.
Remember, the government must prove, beyond a reasonable
doubt, that you were intoxicated when you were operating
a motor vehicle. |
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