Have you been charged with a DUI after undergoing a test of some kind? If you have you should contact an experienced DUI attorney as quickly as possible because they may be able to challenge the test results that resulted in your charges.
One of the most common DUI tests is the field sobriety test. There are also chemical sobriety tests such as the breathalyzer, blood, and urine tests. Each type of sobriety test has flaws which can cause false positive results or cause the citing officer to wrongly believe you are driving under the influence.
Field Sobriety Test
The field sobriety test in actuality is not a test so much as an observation of how you look and respond to physical activities the police officer asks you to perform. You may be asked to walk & turn, stand on one leg, bring one finger to your nose, or test your balance or attention in some other way.
This kind of testing is subjective and there may be other innocent reasons which can make a person unable to adequately perform these activities. Another important factor can be that many police officers have not been adequately trained to perform the field sobriety test properly. Your criminal defense attorney will know what to look for in challenging a field sobriety test.
The breath test is commonly used and is a chemical test using a breathalyzer machine which is supposed to measure the amount of alcohol in your breath. This test can be very accurate when used correctly but several different factors can make the results inaccurate.
These factors vary starting with the breathalyzer itself and if it has been properly calibrated and used. The use of mouthwash, or breath freshener can cause the reading to be skewed. People who have GERD or experience acid refux may experience inaccurate breathalyzer readings because the presence of stomach contents refluxing in the throat can distort alcohol test results.
Blood tests for DUI are not usually used as they are so invasive, and even though blood tests are usually accurate there are also certain factors which can cause them to give false readings.
If the blood is not properly drawn, stored, preserved, or problems with the lab doing the testing, misidentification and/or tampering are all flaws in the system that can result in an inaccurate blood test for alcohol content. In addition, medications and solutions administered by emergency medical personal and emergency room doctors can skew the results of blood testing for alcohol.
Testing the urine for blood alcohol levels is not often used because it is the least reliable method. It is mostly used when blood and breath testing is not able to be performed and it is also used when drug use is suspected.
An experienced DUI attorney, like Joel Baskin, knows how important it is to present evidence and information necessary to successfully challenge the results of DUI testing. It is important to have a DUI attorney on your side, fighting for your rights and helping you get the best possible outcome for your DUI case.
A DUI conviction stays on your record and can negatively affect your ability to retain your driver’s license, employment, future employment, schooling, and other plans you had for your life. Never try to handle such serious charges as a DUI yourself because your future opportunities can be seriously damaged by a criminal conviction.
Joel Baskin – Offices in Cobb & Fulton Counties
Contact attorney Joel Baskin for help if you have been charged with a DUI. Joel has been serving the Atlanta area for decades and has the experience and knowledge to help you.