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Former Bears quarterback fighting DUI charges

Former Chicago Bears quarterback Bob Avellini, as some Chicago readers may have already heard, was arrested for drunk driving last September. According to police records from the incident, Avellini’s blood alcohol level was over twice the legal limit of 0.08 percent.

 The arrest was not the first time the former quarterback has been in trouble for drunk driving—at the time of the arrest he had barely begun a two-year probation period for a drunk driving conviction form 2012. In addition, he has a previous conviction from 2002. Authorities are charging Avellini with felony DUI in connection with the most recent incident. 

Avellini will face as many as seven years in prison if he is convicted of the recent charge, which means the case is quite serious. It is understandable, then, that he is not simply going along passively with the legal process. He has pleaded not guilty to the charge and has reportedly hired a private investigator to examine the blood alcohol test in his case. It isn’t clear whether anything unusual will be found.

Examining breath, blood and urine tests in DUI cases is not an uncommon thing. Such testing is not always completely accurate and can skew the evidence unless the defendant carefully examines it to ensure it is correct. Challenges of chemical tests are not always successful, but they are in some cases and it is important to consider the possibility of inaccuracy when building a criminal defense case. Sometimes even slight inaccuracies can make a difference in the outcome of the case, if not in terms of guilt then in terms of the penalties imposed. 

Source: Chicago Tribune, “Ex-Bear Avellini hires investigator in DUI case, lawyer says,” Clifford Ward, July 22, 2014. 

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