Sunday, March 7, 2010

Point of Arrest BAC Testing, The New Paradigm?

For ages DUI defense attorneys argued in most every DWI case that their client's BAC was rising at the time of the car stop and therefore the test back at the station was higher than the true level at the time of driving. This mantra paved the way for many acquittals at trial. The latest in law enforcement is "at the scene" testing of both breath and blood with the utilization of mobile testing units that have nurses to draw blood at the roadside and approved breath machines that collect a sample of the drivers breath. This new model for BAC collection may change the way many attorneys defend cases.