Thread: DUI Report
View Single Post
Old 04-21-2009 | 04:10 PM
  #36  
rickair7777's Avatar
rickair7777
Prime Minister/Moderator
Veteran: Navy
 
Joined: Jan 2006
Posts: 44,865
Likes: 664
From: Engines Turn or People Swim
Default

Originally Posted by citation35hf
Portable "hand held" breathalyzer's, BAC readings do not hold up in court. Yes, you can putt the reading in your Probable Cause narrative, however if you tried to charge someone with DUI/OWI solely on that BAC reading, good luck getting a guilty charge, the prosecutor would probably not even file. The magic number when you see "so and so was arrested for .15" or whatever comes from a large computer like machine that the subject blows into at a PD/Hospital/Jail whereever. That number my friend is the one admissible in court.
I agree with this. The portable readings have been admitted as evidence to bolster the case, but not in the absence of a reading from a larger "certified" machine or blood test.
Reply