A driving under the influence (DUI) conviction can lead to more than a temporary loss of license. The inability to drive may result in job loss, and a DUI conviction may mean certain future jobs are no longer a consideration. Contrary to popular belief, there are many ways in which a seasoned attorney can help those arrested for a DUI beat conviction.
Blood Tests and Breathalyzers
Blood tests are supposed to reveal a driver’s blood alcohol content (BAC). The person performing the blood test requires licensing. If this person does not hold a current license, the test is inadmissible. If the blood test was performed at a hospital, it is likely the BAC level was overestimated. The police must follow all rules of testing, storage, and preservation for the blood sample to hold up in court. It is possible to demand an independent analysis of the blood sample, but that cannot be done if the sample has not been preserved or is stored in a way that enables contamination.
Breathalyzers are often faulty. The police may not administer the breathalyzer correctly, or the instrument may malfunction or is not calibrated properly. Certain common medical conditions, such as gastroesophageal reflux disease, may affect the results. The same holds true for anyone who has undergone recent dental work. These issues create mouth alcohol, which the test captures rather than breath from the deep lungs, as the machine was designed to do.
Many states do not permit the results from portable breath tests to be used in court. Police are supposed to watch the driver for a minimum of 20 minutes to ensure they do not burp or otherwise regurgitate. These actions affect the breathalyzer reading.
Field Sobriety Testing
Field sobriety tests are often inaccurate. Even when administered correctly, which is the exception rather than the rule, field sobriety tests have a 65 to 77 percent accuracy rating. Issues that affect field sobriety testing include:
- Bad lighting conditions
- Inclement weather
- Uneven surfaces
- Footwear
- Uncoordinated driver
- Obese or elderly driver
- Diabetic driver
- Medical conditions affecting the back, arms, or legs
The Video
Police departments are using body cameras to videotape stops, and those arrested are also taped during the booking process. The videos may contradict the information in the police report, showing a driver who does not appear drunk and whose speech is not slurred. Tapes of the breath and field tests may also show improprieties.
Radio Frequency Interference
Radio frequency interference, such as that from police dispatchers, radar units, and similar devices can cause either the blood or breath test to show a higher BAC level. If the police administered tests while cell phones or walkie-talkies were present, the tests results may prove affected.
South Jersey DUI Lawyers at Gigliotti Law Group Advocate for Those Who Were Accused of a DUI
If you or a loved one has been arrested for a DUI, you need the services of the experienced Cherry Hill DUI lawyers at Gigliotti Law Group. Call 844-742-7591 or contact us online today for a free consultation. We are centrally located in Cherry Hill, New Jersey, and we proudly serve clients from the surrounding areas.
