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California DUI Tests Increasingly Challenged By Defense Lawyers

SAN FRANCISCO (KPIX 5) — Defense attorneys throughout California are starting to use a new legal challenge against drunk driving, which has led juries to acquit drivers charged with DUI.

Peter Johnson, a criminal defense attorney from Walnut Creek, has used the challenge. “It’s nothing something that’s a trick or something that defense attorneys might get accused of. It’s legitimate science,” he told KPIX 5.

Johnson argues the current way the blood alcohol level is protected is outdated because it’s just an estimate and is not scientifically sound. While he hasn’t had a judge throw out the blood alcohol results, Johnson said he has had jurors acquit his clients of DUI charges.

“They understand what was being conveyed and established it with the other jurors and established that in fact there was reasonable doubt,” Johnson said.

Santa Clara County Deputy District Attorney Chris Boscia said he faced this new defense in court. He said, “The basis of that challenge was that we weren’t doing the best science.”…Read More