In DUI cases, challenging the evidence presented by the prosecution can be important in building a strong defense. Two common types of evidence used in DUI cases are breath alcohol tests and field sobriety tests.
Understanding the potential inaccuracies and limitations of these tests can help you combat the evidence against you.
Breath alcohol test issues
Breath alcohol tests measure the alcohol content in a person’s breath. While law enforcement uses these tests often, they are not always accurate. Factors such as improper calibration, environmental conditions and certain medical conditions can affect the results.
Field sobriety test issues
Field sobriety tests are physical or cognitive tasks that assess a person’s level of impairment. These tests can include tasks such as walking in a straight line or standing on one leg. While law enforcement often relies on these tests to determine impairment, they are not always reliable indicators of intoxication. Factors such as nervousness, fatigue or physical conditions can affect a person’s performance on these tests.
Methods to challenge tests
There are a few methods to use when questioning test evidence. You can approach this by challenging the accuracy and reliability of both breathalyzer tests and field sobriety tests. To do this you can question the administration of the tests, look into the qualifications of the officers conducting the tests or present evidence to contradict the results.
DUI evidence such as breath alcohol tests and field sobriety tests are not always ironclad. Challenging this evidence can be a part of building a strong defense.