Challenging The Physical Evidence In Your DUI Case

16 March 2015
 Categories: Law, Blog

Physical evidence is typically the most damaging evidence in a criminal case. This is precisely why physical evidence is often relied on so heavily by the prosecution when prosecuting a DUI case. Typically, this physical evidence will include the results of the field sobriety and breathalyzer tests.

While the prosecution may think that your DUI case is a slam dunk due to the physical evidence against you, a qualified criminal defense attorney knows that this is not always true. This is because the physical evidence in a DUI case can often be challenged relatively easily. Below you will learn more about how your defense attorney may challenge this evidence to ultimately have the charges against you dismissed.

Challenging The Results Of A Field Sobriety Test

Was it extremely hot or cold on the day your field sobriety test was administered? Was there a high volume or traffic? Had you not slept well the night before or were you nervous about your performance? All of these factors can play a role in how well you perform on a field sobriety test.

In order to challenge the results of field sobriety test, your attorney will need to demonstrate to the court that your poor performance could be the logical result of something other than intoxication. With so many factors that could influence your performance, accomplishing this goal will not be difficult in most cases.

Challenging The Results Of A Breathalyzer Test

Challenging a breathalyzer test can be a bit more complex than challenging a field sobriety test. This is because the science behind this test is widely accepted by the court and the public in general. However, it is still possible to successfully challenge the results of this test in many cases.

Breathalyzer tests work by measuring the alcohol content in the air which comes from the deepest part of your lungs. This is why you are asked to take a deep breath and blow directly into the tube. However, any alcohol that is present in the mouth at the time the test is administered will also be measured by the breathalyzer and can result in a significantly higher result than is reflective of your BAC.

The key to successfully challenging a breathalyzer test is to show that the high reading could have been caused by mouth alcohol rather than the alcohol content in your lungs. This can be done by demonstrating that you suffer from acid reflux or by simply asserting that you had eaten a spicy meal that night and were suffering from heartburn.  Belching and vomiting can also cause alcohol to settle in the mouth.

A Final Thought

Even if the physical evidence in your case cannot be challenged, this does not mean that your fate is set in stone. There are several other defense strategies that a qualified attorney may be able to employ in order to have the charges against you dropped or ultimately prove your innocence at trial. This is why it is so important to always consult a criminal defense attorney like those at the Mullican Law Office when being charged with DUI, regardless of what the facts in your case may be.