Tampa Federal Criminal Defense Lawyer

Claiming testing inaccuracies are a great DUI defense

Dec 18, 2019 | Criminal Defense

Being accused of a DUI can lead to criminal charges, the inability to use your vehicle and even jail time. That said, so many people are accused of driving under the influence when they were not, in fact, over the limit.

If you believe that how your breath test was conducted was faulty or inaccurate, you can use this to form your defense and potentially have your case dismissed. Exploring the full range of defense options can help you make the right decision. The following are some of the most common DUI defenses relating to inaccurate testing procedures and technologies.

The field sobriety test was inaccurately or improperly administered

It’s common for a driver pulled over by law enforcement officials to be subject to a field sobriety test. This involves a manual observation of the driver’s sobriety using a variety of observational techniques. These techniques are controversial because they are subjective and open to interpretation. This means that there could be certain biases involved in the process, especially when dealing with those who are extremely extroverted by nature. More specifically, the horizontal gaze nystagmus (HGN) test, is used to observe eye moments that are associated with intoxication. The results of these types of tests can easily be challenged.

The Breathalyzer test was improperly administered or faulty technology was used

Breathalyzer tests are often used at the scene to gain a measurement of blood alcohol concentration (BAC). They can frequently be faulty or give wide-ranging results, meaning that they cannot always be relied upon. If you noticed that the Breathalyzer test gave a range of outcomes each time you used it, you could use this as part of your defense.

Your BAC rose over time

If you had a drink at a bar and proceeded immediately to take the 10-minute drive home, you were possibly under the legal BAC limit during this time. However, if you were pulled over on your way home and taken to a police station to perform a Breathalyzer test, it’s possible that your BAC rose in this time. You could argue that you believe you were under the legal limit when behind the wheel in this case.

It is important that you aggressively defend yourself against an accusation of a DUI, since being found guilty could affect your career as well as your personal life.


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