McRae Defense Law and Legal Definition
McRae defense is a defense to the admissibility of an intoxylizer test. This defense is named after Justice Charles McRae’s decision. The decision provides that an individual so inebriated as to fail an intoxylizer test could not have knowingly and intelligently waived his rights not to take the test or to have counsel present, and that the results of an intoxylizer test thus should not be admitted as evidence. [Estes v. State, 605 So. 2d 772 (Miss. 1992)].
