How can DUI/DWI lawyers contest field sobriety and breathalyzer results?
Charges of driving while intoxicated (DWI) or driving under the influence (DUI) are serious violations with potentially dire legal repercussions. Law enforcement regularly provides field sobriety and breathalyzer tests to suspects of drunk driving. To ensure a fair legal procedure for their clients, DUI/DWI attorneys are essential in contesting the validity of these tests.
Difficult Field Sobriety Exams
Law enforcement uses field sobriety tests (FSTs), which are physical and cognitive evaluations, to determine the degree of impairment in drivers. The walk-and-turn test, one-leg stand test, and horizontal gaze nystagmus (HGN) test are examples of common FSTs. DUI/DWI attorneys use a variety of tactics to contest the findings of these tests:
Ineffective Management: Attorneys closely examine the processes used in FSTs. The validity of the test findings might be jeopardized if law enforcement doesn't follow established procedures or gives confusing instructions.
Environmental Elements: External variables that impact a driver's performance on FSTs include unfavorable weather, uneven terrain, and dim illumination. DUI/DWI attorneys look into whether a client's performance was influenced by these other factors.
Physical Restraints: Some medical illnesses, injuries, or impairments might make it difficult for a person to correctly complete some FSTs. In such circumstances, DUI/DWI attorneys may use medical evidence to contest the validity of the test findings.
Difficult Breathalyzer Findings
It is normal practice to evaluate a driver's blood alcohol concentration (BAC) using Breathalyzer testing. DUI/DWI attorneys use a number of strategies to contest the accuracy of breathalyzer results:
Problems with Calibration: To keep them accurate, breathalyzers need to be calibrated on a regular basis. If calibration problems are found in the equipment used in a specific case, attorneys may contest the findings and the device's maintenance records.
Errors in Procedure: When law enforcement administers a breathalyzer test without following the correct protocols, the findings could be considered inadmissible. Attorneys specializing in DUI/DWI cases look at whether police followed protocol with respect to paperwork, observation times, and appropriate administration.
Health Issues: False-positive results on breathalyzer tests might result from certain medical conditions or drugs. Defense counsel may provide medical documentation to demonstrate how a patient's health condition impacted the test findings' accuracy.
Legal Techniques for Defense Against DUI/DWI
DUI/DWI lawyers use a variety of legal tactics to contest the findings of breathalyzer testing as well as field sobriety tests. These might include contesting the legitimacy of the traffic stop, casting doubt on the reliability of the arresting police, and raising constitutional issues with the arrest.
Conclusion
Building a solid case in DUI/DWI defense requires contesting the findings of breathalyzer tests and field sobriety tests. The goal of an attorney's complete defense plan is to get their clients the best possible result, which might be a dismissal or a decrease in charges.
Obtaining legal counsel from an experienced attorney is crucial for a strong defense while facing DUI/DWI accusations. An experienced DUI/DWI lawyer may contest field sobriety testing and breathalyzer findings to protect their clients' rights.
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