Bad Technology and Bad Laws Lead to False DUI Arrests

DUI are cases are very complex.  Most of the time, the only evidence is the opinion of a bias police officer and a reading from a blood or breath test.  Unfortunately, this opinion evidence coupled with bad technology leads to far too many false DUI arrests.  Here as an excellent editorial on the causes for false DUI arrests:

Portable breath tests are one of the major reasons for false DUI arrests in Pennsylvania
Portable breath tests are one of the major reasons for false DUI arrests in Pennsylvania

Innocent often fall victim to DUI laws

I have noted some of the highlights of the article below:

  • The American Medical Association, at the request of the Department of Transportation, originally deemed impaired driving to occur at a 0.15 blood alcohol level. Today, half that level — 0.08 — is considered impaired and illegal. The human body hasn’t changed during that time, but Mothers Against Drunk Driving has become a political force that no politician dares question. Driving While Intoxicated has become Driving Under the Influence. The range of acceptable drinking and driving is much more narrow.
  • A Colorado study showed that 20 percent of those arrested for DUIs had legal blood alcohol levels. The problem is that residual alcohol in your mouth can distort the results of the unreliable portable breathalyzers police often use to make an arrest.
  • Applying the Colorado study to Mississippi, 6,500 innocent Mississippians are arrested for DUI each year. Many lack the knowledge or money to fight the charge and just plead guilty. For the innocent, the personal cost of an undeserved DUI is immense: Lost reputations, job opportunities and the 90-day license suspensions. Car insurance rates skyrocket. A DUI often ends up costing $15,000. If police followed the rules, they would never give a breath test without waiting for at least 20 minutes. But Mississippi police are not that patient, especially when quotas need to be met and $30 million in fines is on the line.

With Labor Day weekend coming up, Pennsylvania drivers will be facing an increased number of DUI checkpoints and DUI focused patrols. Inevitably, many, many innocent people will be falsely arrested for DUI in PA as a result of the Stay Sober or Get Pulled Over” crackdown.

If you or a loved one is arrested for DUI in Pennsylvania, call 1-866-MCSHANE for a free consultation with the most experienced DUI attorneys in Pennsylvania. Our lines are open 24 hours a day to help and support you.

Justin McShane

PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.

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