Challenging DUI Tests in Temecula
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During the course of a DUI investigation, police officers will almost always administer some form of test to check the intoxication level of the defendant, whether in the form of a field sobriety, breath, or blood test. Do not make the mistake of thinking that you are automatically convicted if these tests show that you are over the legal limit.
There are ways that a skilled Temecula DUI defense lawyer can challenge the evidence and prove that either a mistake was made or that the results are not reliable. Below, we explain just some of the most common ways a DUI attorney can challenge such evidence and fight to protect your legal rights.
Challenging Field Sobriety Tests
When determining whether an individual is under the influence of drugs and/or alcohol, police officers will often administer a field sobriety test, which tests the coordination, balance, physical ability, and attention level of the defendant. These, however, are notoriously flawed.
Some ways in which a field sobriety test can be flawed include the following
- The police officer incorrectly administered the test.
- The police officer administered a non-standard test.
- The suspect had physical / medical conditions that skewed the results.
Challenging Breath Tests
Breath tests are some of the most common DUI tests, but also the most prone to mistakes. When challenging a breath test, the first thing an attorney will look into is whether or not the test was administered correctly.
To be legal, the police have to follow exact procedures:
- Only using devices that have been approved by the state
- Regularly calibrating and testing the devices
- Only have persons administering the tests who have received proper training
- Observing the defendant for 15 continuous minutes before administering the test
- Obtaining two separate tests with results within 0.02 of each other
Even if the test is perfectly administered, there are other errors that can lead to a false positive. For example, medical conditions or environmental contamination may skew the test.
Challenging Blood Tests
Although believed to be the most reliable, blood tests are not perfect. Like the two tests above, they can fall victim to human error—and it is important to have a Temecula DUI lawyer who can look into and contest the results properly. Blood tests can be challenged at almost every step of the process.
For example, did the individual administering the test swab the area with an alcohol-based solution? Was the blood contaminated after the sample was collected? Was the chain of evidence broken and samples potentially switched? These are the types of questions your Temecula attorney will ask to ensure that your rights are fully protected.
Arrested for drunk driving? Ensure that your legal rights are protected by contacting a skilled Temecula DUI attorney from our firm! We also have an office in Hemet that can be reached today at (951) 667-7883.