How to Challenge DUI Evidence

If you have been charged with a DUI, or driving under the influence, the first thing you need to know is that scientific evidence is not end-all-be-all when it comes to your verdict. Any number of factors might come into play that could potentially affect the results of any test the arresting officer administers – from field sobriety to chemical testing (such as breathalyzers or blood testing). If your arresting officer tells you that you have failed one of these tests, it does not mean you do not have a chance at defending yourself. All forms of sobriety testing are subject to error. The police officer administering your breathalyzer can make a mistake in operating the machine. You might be scared senseless and stumble during a field sobriety test. A myriad of things can go wrong, none of which have anything to do with your blood alcohol content. This is why you need an experienced Orlando DUI defense attorney to make a difference and to bring these mistakes to the attention of the court.

Blood Tests

Technicians will sometimes make mistakes when drawing your blood for a DUI blood test. If you think the technician did not properly swab the draw site, call us. The alcohol ingredient used to clean the site can tip the BAC scales, even if you were not legally intoxicated at the time. The technician also has a duty to preserve your blood properly. If he or she does not add the required preservatives or coagulants, your results could be off. There are also chain-of-custody issues. Your blood must move from the lab and back to law enforcement without any interference. If interference occurs, the state’s case against you could be seriously damaged and your odds of acquittal can increase tenfold.

Breath Tests

Breath tests are notoriously unreliable. Breathalyzers are machines, and they rely on the data fed into them. Law enforcement officers do not always change the mouthpiece on their machines as often as they should. If you are stopped on suspicion of driving under the influence, you may be taking a breath test with the same mouthpiece used by the last driver the officer stopped. If you have a diabetic condition, if you just smoked a cigarette, if you chewed smokeless tobacco or had dental work done recently, the breathalyzer might give you a false positive. Any number of factors can result in an inaccurately high reading.

Field Sobriety Tests

Field sobriety tests are law enforcement’s weakest test and the results are the easiest to disprove. These tests are entirely subjective. Your arresting officer asks you to put one foot in front of the other. If you are nervous – and you probably are — you might not be able to do this, and it may not have anything to do with how much you have had to drink. Your arresting officer must decide on the spot if you have failed the test because you are intoxicated, or because of other factors. The officer will use their judgement – opinion – to determine whether you passed or failed the test.

Your Orlando DUI defense attorney will give you the benefit of the doubt. The attorneys at Katz & Phillips know the ins and outs of all criminal charges, including DUI, and all the possible factors that can work against you, even if you are not guilty. Our attorneys will go to the wall to defend your interests whenever there is a gray area of doubt. If you have been drinking, we will devote our full resources to making sure you come out of the situation as successfully as possible.