Seahawks running back Marshawn Lynch was charged Wednesday with driving under the influence (DUI) in California.
Lynch was charged by the State with driving under the influence of drugs and alcohol and driving while having a blood-alcohol content of .08 or higher. Lynch is scheduled to appear in Court in the middle of Seahawks training camp.
But Lynch's DUI attorney told The Associated Press that he feels the case could get thrown out or reduced because of discrepancies in the blood-alcohol, or breathalyzer, tests.
His attorney's contention is that Lynch was under the legal limit of .08 a the time he was pulled over for DUI last Saturday and tested at the scene. Lynch's attorney noted that Lynch's blood-alcohol level was higher when he was later tested on a breathalyzer at the jail.
"We think we have a really strong case," Lynch's DUI attorney said.
Lynch was seen weaving on the Interstate in the Oakland, Calif., area on Saturday morning, leading to his arrest for investigation of DUI. An incident report released by the Highway Patrol described Lynch driving a Ford Econoline van and having two near collisions with two other vehicles driving in adjacent lanes.
This is not Lynch's first run-in with law enforcement as an NFL player, but it is his first for DUI. He was involved in a hit-and-run accident in 2008 where he pleaded guilty to a traffic violation and admitted to driving away after striking a woman with his car.
The NFL is aware of Lynch's DUI arrest, but no punishments have yet been imposed.
Lynch's case hinges on the accuracy and admissability of his breath test results, and his DUI lawyer will fight to keep one or both of Lynch's breathalyzer test results out of Court.
In South Carolina, breath tests are not admnistered at the scene of an arrest for DUI. They can only be given by licensed breath test operators in approved locations throughout South Carolina per South Carolina Law Enforement Division (SLED) policies. While SLED makes an effort to have breathalyzer tests performed in a controlled environment, mistakes are commonly made, errors in the machine occur, and test results can be far from accurate. If you are arrested for DUI, have a DUI defense lawyer examine your case and work to get your breath test results excluded from evidence.
Source: The State, "Marshawn Lynch Charged With DUI"
Our DUI attorneys handle DUI and DUAC cases in Charleston, North Charleston, Mount Pleasant, Goose Creek, Hanahan, Summerville, Moncks Corner and all the surrounding areas. We would be happy to discuss your case, and our consultations are free of charge. Contact our DUI defense lawyers today.