A driver cannot be charged with DUI unless there is evidence that they were driving while over the legal limit. This is most usually established by giving a field sobriety, or breath test, to show the level of intoxication of the driver. If the breath test results show that the driver’s blood alcohol content is more than 0.08%, the police officer that pulled the driver over can write a citation for DUI and make an arrest. But, there are times when the breath test results are unreliable, and when that happens the case should be dismissed or at the very least the charges should be reduced. In order to show that the test result is invalid, an attack on the way the test was given, or questioning that the equipment is working properly is common. And, there are some common causes that “throw” the results, ending in a false positive.
Three things that can cause a DUI field sobriety test to indicate the driver is over the legal limit, when in fact that is not the case, include:
- The existence of other substances that “read” like they are alcohol rather than what they truly are; perhaps a cold or allergy medication.
- Certain medical conditions or other health related issues unique to the driver.
- Malfunctioning equipment or equipment that has not been properly maintained or calibrated.
This list is not all inclusive, as there may be circumstances that exist only in your case that cause a field sobriety test result to be inaccurate. In order to identify factors that show the test result is wrong, a thorough investigation is necessary. An effective defense to a DUI case requires the skill of a trained DUI defense attorney, and a partnering between the defendant and the attorney. We listen to your needs, and work with you to develop a defense that fits the facts of your case. Contact us for answers to your questions, and to find out what steps to take next.
If you have been arrested for DUI, call us today. Contact our office to schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. Your first visit is a free initial consultation.