According to DUI charges brought against Seattle Seahawks running back Marshawn Lynch, in late July he was allegedly driving under the influence of alcohol in California with a blood alcohol content in excess of 0.08, which is the legal limit. Lynch's court date is scheduled for August.
Police say they pulled Lynch over after they allegedly saw him weaving in and out of traffic, nearly hitting two vehicles located in adjacent lanes. Lynch's attorney says that he blew a 0.08 after consenting to a preliminary breath test soon after police pulled him over.
However, Lynch's blood alcohol content allegedly registered at a slightly higher percentage when he was tested using the police department's in-house Breathalyzer, which is supposed to be more accurate. Lynch's attorney believes that Lynch's blood alcohol content was below 0.08 when he was pulled over, but that it increased soon thereafter.
When a prosecution case is built on breath test evidence, the defendant's lawyer can often challenge the results of the Breathalyzer test. Two main defenses to a Breathalyzer test are challenging whether the machine was tested and calibrated properly, and arguing that the person charged was not under continuous observation for 15 minutes before the Breathalyzer test was administered, as required by law.
When charged with drunk driving in Washington, it is important not to give up without a fight. Indeed, under Washington law a DUI conviction cannot be erased or expunged and penalties can be severe, even for a first offense. For example, someone convicted for their first DUI could face up to a year in prison, five years of probation, a mandatory ignition interlock device installed in their car, loss of driving privileges and substantial fines, among other things.
Source: The Associated Press, "Seattle's Lynch apologizes for recent actions," Tim Booth, July 20, 2012
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