Common Defenses in a DUI Case

The problem that is often associated with a field sobriety test is that they are considered to be purely subjective as there are no hard facts with which to judge the test. Instead, law enforcement are asked to give their opinion on broad and vague definitions. If they are not properly trained or if the test was not administered exactly correct, the results can be considered tainted and should not be used as incriminating evidence.

Beyond this, there are often extenuating factors that can taint the result. For instance, just the simple stress of a DUI test can often be enough for a defendant to become uncoordinated - the strain of the situation throwing off their concentration. Simply becoming confused, unsure of oneself or momentarily losing one's balance can be enough to 'fail' a field sobriety test. A skilled attorney, however, will be able to combat such a result and help to get the evidence thrown out.

The next step in a DUI arrest is often to subject the driver to a breath test, typically with a breathalyzer machine. This machine is used to test the blood alcohol concentration (BAC) of the driver by taking a small sample of their breath. This is not as scientific as an actual blood test, but is generally considered to be sturdy evidence in a criminal case.

The problem, however, arises when one considers the errors that can typically occur in such testing. These tests are prone to error and can give a faulty result. For this reason, criminal defense attorneys are usually meticulously thorough in dealing with this aspect of the case - working exhaustively to ensure that the results are accurate and that the defendant is not dealing with a failed result for extenuating circumstances outside of their control.

One of the final steps that is typically used to test the BAC of a driver is that of a blood test. As these are highly scientific in nature, they are usually considered to be foolproof; however, they are anything but. In a blood test, a drive is taken to a police station or to a medical facility where the blood is drawn by a certified and trained technician. The sample is then taken to a laboratory where it is analyzed. It is important to realize that an experienced attorney will be able to defend against a test of this nature and will be able to help clients prove its inaccuracy. These tests are not 100% accurate and like any other test, are completely prone to human error.

For instance, one of the first steps that will be evaluated by a DUI lawyer will be to track what is known as the "chain of custody." During the process of a blood test, the sample will pass through many hands and travel to make different places. If there is reason to believe that the sample was contaminated or was mixed up, it is likely that it could be thrown out.

Other common faults include a test that was not properly administered, a sample that was improperly handled or a test that was given be a person that was not trained or qualified to be administering the test. Something as simple as contamination by rubbing alcohol used to clean the spot can throw off the results of the test. It is important for an attorney to consider all of these different aspects when working through your case.