Failing To Pass A DUI Test: What To Know
If you were stopped and administered driving under the influence (DUI) tests at the side of the road, there is every chance that the tests are not reliable. The results of roadside testing can cause innocent people to suffer the consequences of a conviction if action is not taken. Read on to find out more.
Roadside Testing May Be a Waste of Time
The three main roadside tests are seldom admissible in court for several reasons. Many will recognize such classic tests as the stand and count, the gaze test, and the walk and turn test. These tests are still used at almost every roadside stop, however. When pressed, law enforcement admits that the tests are only used as a screening method. It allows the officers an opportunity to interact with suspects while they are giving them instructions and monitoring the tests. In most cases, these tests are just testing the suspect's ability to listen and follow directions. However, they are not enough to make a DUI arrest because of the following problems:
- Those with language or hearing issues won't be able to understand the instructions.
- Those with neurological issues won't be able to perform them per the directions.
- Those with physical infirmities won't be able to perform physical motions due to joint, bone, muscle, and other issues.
Blood Alcohol Concentration Testing
The officer, if they suspect you are inebriated, may also administer a roadside breath test. The test is performed with a portable breathalyzer unit. However, if a portable unit is used, the results must be repeated at the station with a full-size unit. These tests, regardless of the device used, may be inaccurate. People metabolize alcohol differently depending on weight, gender, stomach contents, and more. The breathalyzer must be administered by a certified officer and the machine must have been recently checked and calibrated. Something as common as mouthwash or heartburn can influence the results of a breathalyzer test.
Many law enforcement agencies don't perform blood draws even though they are probably the most accurate way of measuring blood alcohol levels. They are, however, considered medical tests, and a warrant must be obtained if the suspect refuses permission to draw the blood. The drawn blood can be subject to several issues as well. The temperature of the sample, for instance, can affect the results.
If you have been arrested and charged with DUI, speak to a criminal defense attorney. Attorneys who practice DUI law know what the state must prove, and the evidence is key. When the state has weak or suspect evidence, the case can be pled down, or the charges may be dropped. Speak to a criminal law firm, such as Baber & Baber, P.C. Attorneys at Law, to find out more.