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The benefits of a sobriety witness vs. the breathalyzer
Last week, actor Chris Pine (the new James T. Kirk), was arrested on suspicion of Driving Under the Influence after a movie wrap party in New Zealand. While the standard for a presumption of intoxication in New Zealand is the same as it is here in Colorado (0.08 mg/dl), news reports have not specified what his alleged blood alcohol content was upon his arrest. What the reports DO speak to are numerous witnesses who can testify to his level of sobriety when he left the bar. In fact the manager specifically mentioned that there were many waitresses who would’ve gladly volunteered to drive Mr. Pine home if he had needed a sober ride.
There is an assumption that the Breathalyzer in a DUI case is always a true and correct measurement of a driver’s blood alcohol content. This couldn’t be further from the truth. The Breathalyzer operates on any number of assumptions about the physiology of the defendant and environmental conditions. It must be properly maintained, properly calibrated, and properly operated. Where there are witnesses that can testify to a DUI defendant’s sobriety, the attack on the validity of a Breathalyzer result becomes that much more credible. However, you need a DUI defense lawyer to make this case. This lawyer must be comfortable presenting the witnesses on your behalf as well as cross examining DUI police officers. You cannot do this on your own. As they say on television – you have the right to an attorney. Use it!