Botched Breath Test Forces Kansas Prosecutor to Drop DUI Charge
By Jim Greene
Published on January 18, 2010
An improperly calibrated breath testing device forced the Galena, Kan., city attorney to drop a driving under the influence (DUI) charge against the Pittsburg (Kansas) State University athletic director.
City Attorney Kevin Cure announced last week that the DUI charge against Chuck Broyles was being dropped. Broyles was arrested Nov. 24 and retired as Pittsburg State head football coach a week later. On Dec. 8, he pleaded not guilty to the charge. He has been on paid administrative leave from his athletic director position pending the outcome of the DUI case.
DUI Arrest Hinged on Breath Test
Broyles was stopped for speeding, then arrested and charged with DUI on the basis of a blood alcohol concentration (BAC) test administered with a breath-testing device. According to Kansas law, anyone with a BAC of 0.08 percent or higher is unfit to drive and is subject to immediate arrest and suspension of driving privileges.
Breath tests are used at the time of apprehension to estimate a suspect's BAC. They are not as accurate as a blood test, and breath-testing devices must be properly calibrated to give even an approximately accurate reading. DUI cases are frequently invalidated by improper use of breath testing devices.
Many Attorneys Recommend Blood Test
Many experienced DUI attorneys recommend against taking a breath test, if that is an option, because they can be inaccurate and may lead to conviction of a defendant whose BAC is not at the legal limit. These attorneys suggest asking to take a blood test.
If you have been arrested and charged with DUI, you need to contact an experienced attorney. You need someone on your side who understands the prosecution's burden of proof. If you are convicted, the court may have discretion in sentencing, and you will need someone to fight to see that your punishment is proportional to the circumstances of the offense.
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