Challengeable factors of your DUI case

 

While it is true that DUI is considered to be a serious crime with serious penalties, there are certain factors which can be asserted by an experienced defense lawyer to minimize the consequences if not dismiss the charges altogether.

 

Factors that could be challenged as being doubtful in a DUI drunk driving case:

 

The testing equipment

 

The main resources that the prosecution relies on are the results of your breath or blood tests. The testing equipment has quite often proved to be highly inaccurate, as improperly calibrated machines have known to be used for measuring the amount of alcohol in a person’s blood. It’s not only important that the testing machines should be in a perfect working condition, the operating technicians also have to be properly trained to handle the equipment in order to get the most accurate results.

 

An experienced attorney can capitalize on any such anomaly and on providing the court with sufficient proof might be able to nullify any such results.

 

The arrest process

 

The DUI laws have been aimed at developing more secure driving circumstances. The police responsible for enforcing the law at times are unable to make the best judgment while conducting a DUI investigation. It’s probably due to the fact that a police officer feels and actually is very vulnerable when approaching a pulled over vehicle. The whole arrest process cannot be considered to be serene experience. The apprehension of being pulled over amplified by flashing lights, loud sirens, intense questioning, strange testing equipment, and the possible threat of being arrested can intimidate anyone.

 

If it can be proved in the court of law that you had been significantly disoriented by the arrest process and it also affected the results of the roadside sobriety test. The outcome of your DUI case could significantly change.

 

Sobriety test conditions

 

The sobriety tests are usually conducted on the road side for the police to establish probable cause that you were driving under the influence. But with all the diversions of passing traffic, the noise, the flashing lights and the dark roadside anyone could falter the well devised physical sobriety tests. It’s easy to understand that confused by the whole situation, you may not be able to do well in the sobriety tests which ideally need a lot of concentration. The fear of making a mistake at this point alone could cause an innocent person to fail the test.

 

Influence of other chemicals

 

A chemical test given to you may not be 100% accurate, as there is always the possibility of a biased test result due to the interaction of chemicals which could affect the process. For instance if you smoke, there is a strong possibility of a chemical known as acetaldehyde being picked up by the breathalyzer and may show a positive alcohol reading, even if you hadn’t consumed alcohol. Another example of an altered result is in case a person has gastro esophageal reflux disease (GERD). The results may show the defendant to have ingested alcohol when they have not.

 

It’s only a seasoned attorney that could attend to such minutiae. As a part of the professional assistance being provided to DUI clients now a day’s it’s not unusual for law firms to have their own testing equipment. Some even go a step further to provide a simulated effect of the court proceedings for educating their clients by conducting mock trials.

 

The experienced DUI attorneys know the serious and long term consequences of a DUI conviction, so they make every effort to best represent you in your DUI / drunk driving case.