Attorney Mullen established, through cross examination of the State’s own expert witness during the jury trial, the defendant’s blood alcohol level was between .05 and .07. Through a chronological “walk-through” of when each alcoholic beverage was consumed, the exact volume of each drink and other important factors necessary for the expert to form a calculated blood alcohol level estimate, Attorney Mullen got into evidence an expert witness opinion showing when the defendant was operating the vehicle, he/she did not have a prohibited blood alcohol level in his/her system. Even though the official blood alcohol results showed a prohibited blood alcohol level, it was established such a level was obtained only AFTER the defendant ceased operating the vehicle.
Criminal offense comes with consequences that can be severe and life altering. In order to avoid a criminal conviction or to lessen the severity of a defendant’s criminal sentence, it is vital for the defense lawyer to utilize an appropriate criminal defense.
Driving under the influence (DUI) and operating while intoxicated (OWI) are viewed as criminal offenses. At the point when an individual’s blood alcohol content surpasses the lawful level somewhere in the range of 0.05% and 0.08%, contingent upon the jurisdiction, the individual can be sentenced. An aggravated classification of the offense may exist in specific jurisdictions when the blood alcohol content surpasses 0.12%.