Most DUI stories are about the extremes; people arrested for causing car accidents while intoxicated, or celebrities arrested in Arizona after hopelessly failing sobriety tests. However, what happened to sportscaster Al Michaels was out of the ordinary and raises an important discussion about the role of a criminal defense attorney after a drunk driving arrest.
Michaels was stopped (and arrested) after officers at a sobriety checkpoint allegedly detected alcohol on his breath. He cooperated with officers and reportedly did not perform well on field sobriety tests. After which, Michaels performed a breath test and his BAC was measured at .08, which is the legal limit in California.
What happened next was not reported, but Michaels submitted to second test, which yielded a .09 result (which is above the limit). Michaels was then charged with driving under the influence of alcohol.
With close cases, it is important to challenge the test results. One one-hundreth of a reading could mean the difference between guilt and innocence. This type of challenge is especially important given how fallible breathalyzer tests can be. A number of reports suggest that improperly calibrated machines can lead to inaccurate results and leave otherwise innocent drivers with criminal records.
While we don’t know anything about Michaels’ driving history, but it is reasonable to speculate that it will play a part in whether a prosecutor will take up the charges or agree to a plea deal to a lesser charge. Regardless of the outcome, an experienced criminal defense attorney is helpful in defending against DUI charges.
Source: Yardbarker.com, Al Michaels reportedly arrested, charged with DUI, April 22, 2013