A DUI can impact every aspect of your life. Not only are you facing the potential of a criminal record, but your ability to secure employment could also be affected. As a result, it is imperative that you fight a DUI charge. Here are some tips to help you fight a conviction.
Question the Validity of the Test Results
The breath test that is administered by law enforcement officials is not always 100 percent accurate. There are many factors that can influence the accuracy of a test, including an instrument malfunction or improper administration by the police officer.
You could even challenge the test results based on your physical health. For instance, if you suffer from a gastroesophageal disorder, it can sometimes trigger a false result in a breath test.
In addition to these possible challenges, you could argue that the test is not considered the most accurate way to gauge blood alcohol level. The most accurate method is an actual blood test.
Question the Handling of Your Blood Sampling
In the event that you were administered a blood test, you can still question the test. In this instance, your attorney could argue that the blood was improperly stored. If there is no clear documentation of who handled the blood sample, your attorney could argue that there is no assurance that the sample was not tampered with or mixed up with another sample.
Even if there is a clear chain of command, there is still a possible argument for why the results might not be accurate. After drinking, the alcohol takes time to be absorbed by your body. As a result, it is possible that you could have safely driven to your location before your body had absorbed the alcohol.
If you were administered a blood alcohol test after your body had absorbed the alcohol, it is not an accurate reflection of what your levels were at the time that you were stopped by the police officer.
Question the Police Officer's Handling of the Arrest
If the police officer did not recite your Miranda rights after making it clear that you were under in custody, your attorney could challenge the right for the prosecutor to use any evidence collected after the arrest was evident. Your attorney could also argue any testimony you gave was done so without your full understanding of your rights.
A judge could agree and toss out evidence, such as the blood test. If the prosecution does not have any other evidence to support your DUI case, then your case could be dismissed.
Work with a DUI attorney to find other strategies to challenge a DUI conviction.