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OWI - Breathalyzer has fudge factor.

Case Conclusion Date: 07.25.2011

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.

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