OWI - Breathalyzer has fudge factor.

Charles K. Kenyon Jr.

Case Conclusion Date:July 25, 2011

Practice Area:DUI / DWI

Outcome:Not guilty, dismissed

Description:Client charged with criminal OWI and had a breathalyzer BAC reading of .08. At jury trial argued that her driving was fine and that field sobriety tests did not prove anything. Breathalyzer has a built-in fudge factor that means a .08 reading does not mean that a jury will know her alcohol level was .08. Defense had expert that was not used. Defendant did not testify.