If you’re facing a DUI charge, you’re probably aware of the severity of the consequences and the potential long-term impact on your life. You’re no doubt anxious and maybe even scared about what the future holds. But before you give up hope, know that expert strategies are available to help you contest the charge. One such strategy is challenging sobriety tests.

The topic of challenging sobriety tests is at an intermediate level of awareness. It assumes that the reader understands the basics of DUI testing, such as blood alcohol content (BAC) levels, and is familiar with the different types of sobriety tests used by law enforcement.

Types of Sobriety Tests Used in a DUI Stop

There are three main types of sobriety tests used by law enforcement officers to determine whether a driver is impaired:

  1. Field Sobriety Tests (FST)
  2. Breathalyzer Tests
  3. Blood Tests

Field Sobriety Tests (FST) are physical tests that are used to assess an individual’s mental and physical faculties. These tests include walking in a straight line, standing on one leg, and nystagmus (eye test). Although the results of FSTs are considered subjective, they are still admissible in court.

Breathalyzer tests measure BAC levels by analyzing the individual’s breath. They are often used as a quick and convenient testing method as some other method tests can be inaccurate, leading to false positives. If the breathalyzer was not calibrated correctly or administered correctly, or if the device was defective, the test results may not be accurate.

Blood tests are considered the most accurate means of testing for DUI. They are often used as a backup when a breathalyzer test has provided inconclusive results. However, blood tests can also be challenged if they were taken too late or if there were errors in the testing process.

Understand The Legality of DUI Testing and Its Controversies

DUI testing is a legal practice meant to keep drivers and pedestrians safe. However, there are many controversies surrounding DUI testing that drivers can and should be aware of to protect themselves. Understanding the legality of DUI testing is paramount to launching a successful challenge against sobriety tests.

Primarily, sobriety tests are subject to both legal and scientific scrutiny. The accuracy of some sobriety tests is in question, making it difficult for the prosecution to prove the DUI charge. By understanding the scientific limitations and controversies around DUI testing, a DUI defense attorney can develop a comprehensive defense strategy that can help build a case for the defendant.

Identify Inconsistencies in Prosecution Evidence

For a prosecution to be successful, they usually require strong and consistent evidence. However, many DUI cases fall apart because the evidence presented by the prosecution is inconsistent or does not meet the requirements of the law. Expert DUI defense attorneys know all the ins and outs of DUI protocols and testing and can analyze the evidence presented in each case. By identifying inconsistencies and/or gaps in the prosecution’s evidence, an expert attorney can build a stronger case for the defendant.

Utilize the Expertise of Lawyers and Expert Witnesses

The complexity of DUI cases calls for specialized expertise. DUI defense attorneys are experts who have specialized knowledge and experience in defending DUI cases. A good DUI defense attorney will deeply understand DUI laws, protocols, and limitations. They can use that knowledge to build a strong defense strategy and deliver a favorable outcome in court.

Expert witnesses are another invaluable resource in DUI defense. These witnesses are professionals in fields such as chemistry, biology, and engineering, among others. They can provide in-depth analyses of the prosecution’s evidence and challenge its reliability and accuracy, among other things. By using expert witnesses, a DUI defense attorney can bolster their defense strategy and provide a more compelling case for the defendant.

Challenge Sobriety Tests in Court

Challenging sobriety tests in court is a crucial strategy in DUI defense. Depending on the test’s type and accuracy, a DUI defense attorney can challenge sobriety tests differently.

For example, FSTs can be challenged by attacking the officer’s administration of the test or its underlying assumptions. On the other hand, chemical tests can be challenged by attacking the methods used to test, analyze, and report the results.

The best part is that if you’re wrongfully accused and charged with a DUI, Aaron Black, a Scottsdale DUI lawyer, can help. He says, “A passionate and aggressive DUI defense could help you avoid a guilty verdict. The penalties for violating Scottsdale DUI laws are tough, and you should do everything in your power to avoid them.”