When accused of a DUI, there are many angles for which the prosecution can try to prove your guilt, and in return there are many things that our DUI defense team can use in court to challenge those accusations.
One of the most common challenges is that of the breathalyzer test that is often administered at the time you are pulled over by the police officer. We can challenge the accuracy of the actual test that was given because the percentage of accuracy for actual alcohol content reading is not guaranteed.
- Breathalyzers test the level of alcohol in your deep lung tissue, not what is in your mouth, and many times that can have a huge impact on the actual readings of your BAC, frequently making it much higher.
- Medical conditions may affect these tests, for example, if the accused suffers from acid reflex disease, the chance of the test reading the flow of acid rather than the deep lung tissues is highly likely.
- The digestion of alcohol takes time, and perhaps your BAC was not as high while you were driving as it was at the time of your breathalyzer test. Studies show that it takes your body between 50 minutes and 3 hours in order to fully absorb the effects of the alcohol, and because of that we may be able to challenge that your BAC level was on the rise at the time of the test.
Did the officer have probable cause?
To pull a vehicle over, the officer must have probable cause that you’re driving is questionable or unsafe to be on the road. If an officer pulls you over for no reason, and then discovers that you were under the influence, it is possible that the case will be dismissed because of the officer’s failure to have a probable cause.
False ‘Signs’ of Intoxication
Being drunk isn’t the only reason for a person to appear flushed in the face, have red or watery eyes, be unstable in their stance, slurred speech, etc. There are many reasons that can justify these bodily actions, if not for simple hear and anxiousness of being arrested.
Many individuals can be so frightened of getting arrested that their body produces signs of guilt, merely as a result of fear rather than actual guilt. Those who struggle with fatigue or allergies and illnesses may also resemble some of the physical signs of drunkenness.
Bad driving may also stem from tiredness, eating, cell phone distractions, passengers or screaming children can also cause a person to weave or appear to be a dangerous driver, not just driving under the influence.
There are many more avenues for which a DUI defense attorney can fight for their clients, and our firm is committed to doing whatever we can to help those who face these charges.
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