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Lynch’s lawyer says “better than 50 percent chance” he wasn’t driving drunk

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Seahawks running back Marshawn Lynch was formally charged with DUI in Alameda County on Wednesday, but his lawyer doesn’t sound particularly worried about the outcome of the case.

Attorney Ivan Golde told NFL.com that he expects a “very positive” result for Lynch when the case plays out. His rationale for that feeling is based on his belief that there’s a good chance that Lynch wasn’t actually over the legal blood alcohol limit of 0.08 when he was pulled over by police this weekend. Golde is taking issue with a second test given 40 minutes after the arrest which showed a blood alcohol content higher than the 0.08 he registered when he was stopped.

“There’s a better than 50 percent chance he’s 0.06 or 0.07,” Golde said. “Those tests have a margin of error. Science is there to prove it.”

An officer for the California Highway Patrol disputed Golde’s claims, saying that Lynch was over the legal limit. The officer also said that there’s nothing odd about someone’s BAC rising over time if they were consuming alcohol close enough to the initial traffic stop.

Golde’s efforts on the legal front could also impact NFL discipline for Lynch. While he does not need to be convicted of DUI for the NFL to suspend him (not that a suspension is guaranteed even if he is convicted), getting the case thrown out altogether would make it harder for the league to justify punitive action.

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9 Responses to “Lynch’s lawyer says “better than 50 percent chance” he wasn’t driving drunk”
  1. ytsejamer1 says: Jul 19, 2012 9:00 AM

    If that’s the argument, I can guarantee you 100%, Lynch was in a position he should not have been and the lawyer is simply splitting hairs. Driving while intoxicated is a big no-no…or even just after drinking a couple. Bad idea…

  2. danielsan101 says: Jul 19, 2012 9:08 AM

    This makes me ill. Why can’t these guys just step up and admit they screwed up, and then do something positive, like donate money to MADD or something?

  3. greymares says: Jul 19, 2012 10:13 AM

    science wont prove it but money might.

  4. nepaseahawk says: Jul 19, 2012 10:19 AM

    If there is a margin of error and the test went up I think that should raise eyebrows …. that being said he certainly should be charged with wreckless driving

  5. Jim says: Jul 19, 2012 10:36 AM

    He’s a repeat offender. Take responsibility, and enjoy watching half of the season from a box.

  6. steeldogg says: Jul 19, 2012 1:00 PM

    As a former cop – one thing to keep in mind, you don’t HAVE to be over the legal limit to be “under the influence” of alcohol. If you blow close to the limit and demonstrate otherwise that you are unfit to drive (failing sobriety tests, almost hitting 2 cars, swerving, etc), you can still be found guilty of DUI.

  7. catquick says: Jul 19, 2012 1:33 PM

    Contrary to popular belief, you don’t have to be at or above .08 bac to be “driving drunk” Thats simply the minimum limit. .04 bac leaves some people unable to stand straight. I know a man(a former boxer) who is blotto after just 1 beer. He was observed driving erratically and almost causing 2 accidents. He was drunk. And lawyers wonder why the get bad reputations.

  8. juliusanonymous says: Jul 19, 2012 2:28 PM

    Unfortunately for Lynch, that approach is not going to work and if anything, will probably cement the DA’s case against him.

    It is normal for your BAC to rise over time. When you consume alcohol, your BAC rises slowly over time, stabilizes for a bit, then slowly drops. The only thing that an increased BAC on the second test proves is that Lynch had consumed alcohol very close to the incident, probably within 20-40 minutes of being pulled over.

    As a Seahawk fan, I’m disappointed in Lynch. Come on, man. You’re getting paid like a grown man, it’s time to act like one. A 0.08 BAC means Lynch had at least 3-4 drinks, because he’s a big dude and in good shape, so his body would have metabolized that easily. Lynch, I’m just disappointed man, real disappointed. You should NEVER get in a car and drive after that many drinks. There’s no excuse. DUI is the ultimate display of selfishness. You gotta be bigger than that, Marshawn. Do like the rest of us, call a cab or have a friend drive you home.

  9. nepaseahawk says: Jul 20, 2012 2:59 PM

    for some reason people take the word of police officers as if they are incapable of telling partial truths……..if he almost hit cars or failed a field sobriety test im sure they have cruiser video footage to prove it….if they can provide this then there is no defense for him , otherwise his lawer will most certainly get the case thrown out due to the fact the breathalyzer isnt isnt always accurate and he lew right at the legal limit at the time he was behind the wheel

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