Can You Challenge The Evidence In A DUI Case?
When you are facing a DUI conviction, it important that you do everything possible to get the charges reduced or dropped. There are many aspects of the case against you that you and your DUI attorney can challenge. If you are facing a DUI charge, here are some areas you should consider focusing on in your defense.
The Breath Test
Breath tests are routinely used as part of a DUI case, but there are some major issues with the testing. The tests are not 100 percent reliable. Various factors can influence the results that are obtained.
For instance, if the test is not properly administered by police, a false reading could be obtained. The same can occur if the test is malfunctioning or you have a medical condition, such as gastroesophageal reflux disease.
If you are diabetic, you could have a false result if your blood sugar levels are particularly low. Your body will turn to your fat to help provide the energy it needs. When it does, it releases ketones, which can cause a false negative.
The Blood Test
Some people mistakenly believe that it is difficult to challenge a blood alcohol level test, but it is possible. The longer it takes for the blood test to be administered, the more favorable it is for you.
When you drink, your body has to take time to absorb the alcohol. If you were stopped by law enforcement officials shortly after drinking, it is possible that your body had not fully absorbed the alcohol. As time passes and your body does absorb the alcohol, your blood alcohol level will rise. If you are tested at that point, your levels will naturally be higher than they were when you were stopped. You could challenge the validity of the results based on this.
You can also challenge the results based on how it was administered and the chain of command of the blood sample taken. If the sample was not properly taken and the police are unable to outline how the sample was handled and by who, you can argue that there is no way that the court can be positive the sample was not tainted or that it is even yours.
There are many other aspects of your DUI case that you can argue. Work with your attorney to pinpoint problems with your case and to discover what you can do to lessen or eliminate the charges against you.