Both the field sobriety tests and blood and breathalyzer tests can be given during traffic stops and arrests, but it is challenging to resist chemical tests in the court of law. These tests are more objective, which means that this is convincing evidence for the judge to preside over the case or jury and consider their guilt or innocence. For the DUI lawyer to win the case, he/she must suppress the evidence (this means that the voice will not be heard and is not acceptable in court). The main component of the DUI defense strategy is the results of the test against the breath analyzer.
Remember to use a breath analyzer to determine the total amount of alcohol in the DUI suspect’s breath. It involves many tools and methods. There is not only one machine that can obtain the results of the breathalyzer. Therefore, some devices are less reliable than others. Your criminal defense attorney may make this request when filing your case. If the officer wants to ensure that the test is completed correctly, the machine must be calibrated perfectly, and he/she must follow specific procedures to hand the test to the DUI suspect. If these rules are not followed, the results of the breathalyzer can be excluded from the court. DUI lawyers usually defend their clients on the condition that the person has performed the test by mistake and the machine has been poorly calibrated.
The main point that many lawyers can successfully argue is that machines often have higher readings due to certain medical conditions. The breathalyzer checks the alcohol content of a person’s breath; therefore, no matter the number it produces must be the same in the bloodstream. Machines mainly rely on mathematics, but many biological factors affect numbers.
Now, your lawyer can defend the absorption defense, but this defense depends on when you were arrested and when you took the breath monitor test. Remember that it takes about two hours for alcohol to enter your bloodstream. If the alcohol you drink has not yet reached your blood, even if the machine detects the alcohol, it is not included in your BAC number. This means that officials will have incorrect readings, even if they are wrong.
In many states, you can refuse this test. This can make it easier to win the case in court, but it will lead to additional charges. Some state laws require that if you are a DUI suspect and refuse to obey the breathalyzer, your license may be suspended.
It is important to remember that a DUI/DWI conviction may last for many years. You want to make it difficult for the prosecution to prove their case so that these lasting consequences will not affect you. In most DUI cases, the results of the breath analyzer are critical to the prosecution’s case. Yes, they may harm your case, but this is not the definitive evidence. Your lawyer can challenge. Hire experienced DUI lawyers to challenge the results in court.