5 Reasons to Fight a DUI
Have you received a citation for a DUI, or Driving Under the Influence? You may feel that it is easier to simply accept the criminal penalties and go on with your life. However there may be numerous factors that may not be accurate, or even legal, about your DUI case, and, thus, you may want to have a DUI lawyer take a look at your case.
Accuracy of Alcohol Testing
Breath testing is often not very accurate when determining blood alcohol content (BAC) and there are a variety of things that may cause an erroneous reading from a breathalyzer. Making you walk a straight line, say the alphabet backwards and other exercises are even less accurate when used to prove you were driving under the influence. While you would think that blood testing is more accurate, there are also factors that may reduce its accuracy, such as fermentation of the blood sample, or contamination, either while taking the sample or analyzing it.
Mistreatment of Chemical Tests
If the person who collected, stored, or analyzed the sample wasn’t properly trained or isn’t certified to perform these tests, the results may not be accurate. The machinery used to analyze the samples may not be properly calibrated. Every step of the process when testing bodily fluids needs to be handled correctly, from collecting the sample to storing it until it can be tested, as well as the actual analyzation of it.
Some medical conditions can cause a false reading when testing for a DUI, especially with breathalyzers. If you are hypoglycemic or diabetic, your breath can be abnormally acidic, which can cause a false positive, or a higher reading than normal. Acid reflux or GERD may also raise the reading of a breathalyzer because of acidic breath. If you’ve had dental work or eat a certain diet, such as Atkins, there may be a charge of DUI when there isn’t one.
Police officers need to have probable cause when they pull you over. Even if you are stopped for a burned out headlight or running a red light, they need to have a reason to pull you over. Once you have been pulled over, if they suspect you are driving under the influence, they can ask for a breathalyzer test. Driving erratically can sometimes be used as probable cause, but not if it is caused by other issues, such as road construction or bad weather. If they pulled you over simply because you left the parking lot of a bar, they did not have probable cause and the evidence collected by law enforcement may be suppressed.
Avoid DUI Conviction Consequences
Above, we explain potential results of testing conducted during your DUI arrest may not be accurate or lawful. However, you also have another reason to fight the charge. In Florida, you may receive a fine or be sent to DUI school when convicted of a DUI, but you may also be placed on probation, have your license revoked for a certain length of time, or even serve time in jail. By fighting your DUI, you may avoid these consequences.
Have you received a DUI and face a conviction? Call Tison Law Group and schedule a free consultation to determine what your options are and how our experienced attorneys may be able to help you fight your DUI and avoid unnecessary consequences.