Challenging DUI Evidence

DUI Lawyer Serving Phoenix, Arizona

Arrested for drunk driving? If so, then it is likely that you have been already asked to submit to a battery of different DUI tests. From handheld breath tests to preliminary alcohol screening such as field sobriety tests and even the more scientific and comprehensive blood and urine tests, these can all be weapons in the hand of a prosecutor and be used against you to prove your guilt. It, however, is important to remember that a criminal charge of drunk driving is not the same as a conviction. Just because you have been arrested does not mean that you are without hope. The truth is that with the help of an experienced Phoenix DUI attorney, you will be able to take the necessary steps towards challenging this evidence and fighting for your just outcome. At the Knowles Law Firm, they are able to help.

How to Challenge Field Sobriety, Breath and Blood Tests

One of the first types of tests that you were likely submitted to was a field sobriety test. These are one of the most commonly thought about types of tests and are often seen in movies and TV depicting DUI arrests. These include such tests as the walk and turn (WAT) test, the one leg stand (OLS) and the horizontal gaze nystagmus (HGN). For a considerable amount of time, all of these were unregulated; however, the National Highway Traffic Safety Administration (NHTSA) has since regulated them - coming with specific guidelines as to how they should be administered, as well as the warning signs that should be taken as signs of failure. When followed perfectly, there is still not a 100% guarantee that these are correct. There is a large margin of error and these tests are often left to the arresting officer's bias. Worst, there are some medical conditions or extenuating factors which can interfere and make even the most sober of people to appear as if they are failing the test. These tests are all recorded and on replaying, it could appear to only confirm suspicions.

The secondary type of test that is commonly used is that of the breath test. Commonly referred to as the Breathalyzer, this machine is used to take a sample of the defendant's breath and test it for traces of alcohol. Simple enough, this machine can also be prone to egregious errors. For starters, the Breathalyzer is a delicate machine and it is required that this machine receives constant and routine calibration to ensure that it is still providing accurate results. If it does not receive this maintenance, the results cannot be trusted. Even, however, if the machine is properly taken care of, there are situations where factors such as a medical condition, the existence of mouth alcohol or even the test being taken at the wrong time (for example, during the absorptive phase) that can skew the results.

Finally, there is the blood test. For many, this test is seemingly the most accurate, but the truth is that even with these lab tests, there are places where error can occur. Typically, the errors can always be traced back to human mistakes. For example, as blood tests are drawn and then sent to the lab, it is crucial that there is a clearly followed chain of custody. Should this be broken in anyway, the results will not be able to be trusted. Should the technician who is drawing the blood sanitize the draw spot with an alcohol based product, it can skew the test. Similarly, should the blood sample not be stored correctly (not the right temperature, not the correct amount of anticoagulants used or preservatives mixed it) it could begin to clot and go bad.

Why hire a Phoenix DUI attorney?

For help in challenging DUI evidence, it is highly encouraged that you get the involvement of the Knowles Law Firm early on in your case. Do not believe that a "failed" DUI test is the final nail in the coffin of your case. There are ways in which these tests can be flawed and a knowledgeable lawyer will be able to spot these weaknesses. The firm knows the questions to ask and they know the areas to look. By getting the involvement of an experienced attorney, you are giving yourself the necessary edge that you need to protect your legal rights. Call them today to learn more about how they can help you.

To schedule your initial case evaluation, contact the Knowles Law Firm today!