Certain elements must be present for every DUI case. The officer must be able to show that there was good reason to pull you over in the first place, and there must also be an offer of proof showing that your blood alcohol content was over the legal limit. If there is no evidence that the amount of alcohol in your system was above what the law allows, a charge of DUI is not appropriate. Most times the proof of your BAC is from a breath test given at the traffic stop. Unfortunately too many DUI defendants think this type of evidence is rock solid, and that no defense to the charges exists. However, that is simply not the case and there are several ways to show the results of a breath test are unreliable.

There are several ways to defend against a DUI, but these three things are the most popular when challenging the results of a breath test:

  • There is another explanation for the result, such as a rare medical condition that causes your chemical make up to give off a false positive or the existence of another substance that has the scientific properties of alcohol.
  • The official administering the test was not trained to do so, or administered the test improperly. This can be found out by interviewing the officer responsible and looking into their credentials to administer breath tests.
  • The testing equipment itself is faulty or has not been properly maintained. Asking to see maintenance logs will give you a good idea of whether the equipment used in your case was working properly at the time of your arrest.

Looking into how the test was given to you and whether other factors explain the result is something that should happen right away after an arrest. The longer you wait to have a skilled DUI defense attorney investigate your case the lower the probability reliable evidence will be preserved. A request to examine the equipment and question the officer should be made right way in order to prevent spoliation of evidence, and to give you the best defense possible for the facts of your case. If you or a loved one has been charged with DUI, call our office today to find out what to do next.

Allow an experienced criminal defense attorney in Stuart and the Treasure Coast to help you with your DUI case. Your first visit is a free initial consultation.