Re: Chances of Winning a DUI Jury Trial
The odds of you prevailing on an argument that the machines were wrong is slim to none. Where most DUIs are beaten (in the rare instances they ARE beaten) is on the stop. If there is a lack of reasonable suspicion for the detention and contact, the rest of it goes away. However, this is very rare. Then, they try to fight the officer's capability to adequately perform the FST evaluation and thus form probable cause to make the arrest and obtain the test. When both those fail, then comes the very expensive battle of the experts and these rarely work and are very expensive. You are going to have to pay for an expert or experts to march in and challenge the maintenance and the accuracy of the device used to test your breath or blood.
The chances of you convincing a jury that you only had enough alcohol to give you a .08 as compared to .17 is slim to none. Now, that being said, if the state thinks this is going to be a long, tough case to make, they might offer you a deal to drop the aggravated factor of the high BAC. It's not much, but it might be something.
But, hey, if you have the money and it is worth the money to roll the dice and attempt to beat the rap, then go for it.
A Nor Cal Police Sergeant
"Make mine a double mocha ...
... and a croissant!"
Walk humbly with your God
-- Courageous, by Casting Crowns