San Diego DUI criminal defense lawyers can now point out significance of a brand new California Drunk Driving criminal defense attorney case.

Odor of alcohol is insufficient to establish impairment, California DUI criminal defense attorneys show.

Now California DUI law will fairly provide a San Diego DUI criminal defense attorney the following jury instruction:

CALIFORNIA DUI JURY INSTRUCTION

Alcohol contained only in the breath does not cause impairment.

[VEHICLE CODE 23610, PEOPLE v. MCNEAL __ (2007) Cal. App. 4th __ Case No. E041226 filed 9/21/07]

Under this new case, San Diego DUI arrestees may feel welcome to do a breath test / partition ratio study. Then a judge can determine if the study results are a) admissible at trial, or b) excluded per California Evidence Code section 352 on the possible basis that the study evidence may be excessively speculative.

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