When you're charged with driving under the influence, your prosecutor may have some testing at their hands to help prove their accusation. But tests for blood alcohol content can sometimes be misleading, and a DUI attorney might be able to prove the inaccuracies in your alcohol tests. Here are some of the common types of alcohol tests and the flaws in each one.
Field Sobriety Tests
The field sobriety test is the easiest one to knock down in your criminal trial. The police officer who arrested you will provide behavioral evidence to support their claim that you were driving under the influence. The problem with some symptoms of drunkenness is that they can be brought on by a number of other factors. If you were using a medication that made you unexpectedly drowsy, or if you had circumstances in your personal life or an injury that affected your cognitive performance, you may not have passed the field sobriety tests. Although there are a variety of reasons to mess up your field sobriety test, some of them may fall under other scrutiny; you're not supposed to drive without proper eyewear and under the influence of certain medications, for instance. But, it may be valuable to disclose these things if it helps you avoid a DUI charge.
Breathalyzer Tests
Breathalyzer tests also may not always be accurate. Problematic breathalyzer devices are not uncommon. Your alcohol reading can also be affected by other factors, such as a recent use of mouthwash that caused the alcohol reading to spike.
Blood Tests
Blood tests are a little more reliable, but there is still some leeway in disputing them. Your DUI lawyer will need to investigate how the blood sample was handled. It is somewhat possible that the sample was compromised due to mishandling, such as being stored improperly or tested too long after the sample was taken.
Urine Tests
Urine samples are not completely reliable, either. The amount of alcohol that's passed into your urine can vary from person to person, which is why it's simply a ballpark estimate and not a sure sign of intoxication.
In conclusion, even if your prosecutor has some evidence against you for the criminal trial, there are still ways to refute the evidence or at least lessen its credibility. Having a DUI attorney is invaluable for working through the evidence and finding potential reasons to dispute it in court.
