Picking up from where 6 DUI Defense Strategies that Work (Pt. 1) left off, below are some more arguments that may be effective at defending people against DUI charges.
DUI Defense Strategy 3 – The results of a field sobriety test were not due to intoxication.
Arguing that the results of field sobriety testing or breathalyzers are inaccurate may be effective DUI defense strategies, depending on the specifics of a DUI case
Contrary to popular belief, the evaluation of field sobriety testing is not a clear-cut process. In fact, this testing is inherently biased against DUI suspects in that:
- Police can administer any tests they want to.
- When DUI suspects do something correctly during this testing, they don’t get any benefits or “added points.”
- Instead, when people do something wrong, they get points deducted from their scores.
In some cases, it may be possible to argue that a person didn’t perform “perfectly” on field sobriety testing because of a medical condition like, for instance, inner ear infections or other conditions that may impair people’s balance.
DUI Defense Strategy 4 – The breathalyzer wasn’t calibrated.
When police test people’s blood alcohol concentrations (BACs) via breath tests, the breathalyzers that they use must be calibrated between each use in order for the results to be considered accurate. Additionally:
- Law enforcement officers must use devices that have been specifically approved for field testing of suspects’ BACs.
- Police must wait at least 20 minutes after pulling over suspects or after suspects have regurgitated before administering breath tests.
- Factors like heart and gum disease, taking cough medicine or even ingesting breath mints may affect breathalyzer test results.
An experienced DUI defense attorney will know what to look for when reviewing police reports and evaluating whether there is a possibility that breathalyzer test results may have been inaccurate. When this is the case, it may be possible to argue that these BAC test results should be thrown out of court and, therefore, that DUI charges should be dropped.
Be sure to look for the final part of this blog that will be published soon.
Montgomery and Birmingham DUI Attorneys at Joe M. Reed & Associates, LLC
After being charged with drunk driving, you can count on the Montgomery and Birmingham DUI lawyers at Joe M. Reed & Associates, LLC to aggressively defend your rights. For more than 16 years, we have been dedicated to the pursuit of justice in every case we oversee, and our experience, dedication and extensive knowledge of the law makes us effective at helping our clients obtain the best possible outcomes to their cases.
The bottom line is that we are dedicated, determined and dependable. This has been the cornerstone of our success and will be pivotal in getting you the best possible results for your case.
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