Contesting the DUI Evidence
Tips for Fighting Your DUI Charges in Miami
Being arrested for aDUI in Miami is a scary and unnerving situation. If you have never encountered the criminal
justice system, you may be caught off guard by the intensity of the prosecution
and by what is at stake if you are convicted. Instead of taking a chance
with your future, you need to be sure that you have a legal advocate on
your side who will fight to protect your rights so that you can avoid
conviction. One of the best ways to do this is by challenging the evidence
brought against you.
DUI almost always makes more sense than simply pleading guilty and accepting
the harsh penalties of a DUI conviction. For example, a DUI conviction
can result in years of prison time, driver's license suspension, community
service, costly fines and other penalties as well. When you consider that
there are more than 100 medical conditions, interfering substances, and
equipment malfunctions that can cause DUI breathalyzers to result in false
readings, you realize that there is a real possibility that your DUI charges
may be founded on inaccurate evidence.
Fighting Breathalyzer Test Results
Have you been arrested for
Miami DUI after failing a
breathalyzer test? Law enforcement officers in Miami and throughout Florida commonly use
breathalyzer devices on drivers who they suspect are intoxicated, but
the science behind these tests is prone to error. DUI breath testing instruments
operate on infrared spectroscopy and/or fuel cell technology which converts
the amount of alcohol in an individual’s breath into the amount
of alcohol in their blood. This process of conversion, however, can be
impacted by many factors, such as one’s physiology or the environment.
The influence of these factors has led to a large number of false DUI
arrests, and these factors may have played a critical role in your DUI arrest.
For example, some of the physiological factors that can affect a breathalyzer
test result include heartburn, acid reflux, mouth alcohol, and even certain
diets. DUI breath testing instruments are not sophisticated or advanced
enough to recognize the difference between deep lung air and alcohol that
remains in the mouth, or ethyl alcohol that comes from alcoholic beverages. Your
DUI attorney can help you identify these factors and other flaws in the breath testing
technology, and it is important to discuss any and all medical conditions
and dietary issues with your lawyer even if you don’t think they
are relevant. Our
Miami DUI Lawyers have handled numerous DUI cases where breath tests have led to an erroneous
DUI arrest, and we know how to effectively challenge these cases in court.
Challenging Field Sobriety Tests
One of the other common methods that law enforcement officers use to charge
drivers with DUI is field sobriety tests. There are three field sobriety
tests that have been tested and approved by the
National Highway Traffic Safety Administration, and these tests are the Horizontal Gaze Nystagmus Test, the Walk &
Turn Test, and the One-Leg Stand Test. Any signs of poor performance on
these tests will be considered to be a sign of mental and/or physical
impairment caused by
alcohol or drug consumption. This is not always the truth, however, and even the most reliable field
sobriety tests are only between 65-77% accurate at detecting if a driver
is intoxicated. According to these statistics, one out of every three
to four people who are arrested for failing a field sobriety test are
not actually intoxicated.
One of the major factors in why field sobriety tests are unreliable is
because of the external conditions that can make these tests difficult
to perform. These conditions can include surface conditions in which the
ground is unreasonably slippery or uneven, making it hard to balance or
perform the tests. Light is also a major factor in these tests, and if
the suspect cannot see the officer and the ground, the lighting may be
inadequate to conduct certain tests. Lastly, it is important for there
to be a proper noise level during the instruction stage of the field sobriety
tests. If the driver cannot hear the officer’s instructions, there
is no way that the driver can complete the test accurately.
As you can see, there is plenty of room for error and faulty test results
when it comes to field sobriety tests and DUI charges. Here at Parks &
Braxton, PA, we have extensive experience with DUI cases and the evidence
that is used to convict drivers. We have successfully defended the rights
of numerous clients who thought that their case was hopeless, and we know
how to defend you.
Call a Miami DUI attorney today!
DUI Lawyers Miami have more than 40 years of collective experience and have each worked
in the field of criminal defense for well over a decade. This level of
experience in court is invaluable when you are trying to defend your future
freedom, and you can find the help and strong defense you need when you
call our firm! We will immediately begin investigating your case and the
circumstances that led to your arrest, using legal resources and expert
insight to build a defense case on your behalf. It may be discovered that
the officer was not fully qualified to administer the field sobriety test,
or that the DUI breathalyzer test was inaccurate. Whatever your case may
entail, you can rest assured knowing that you have a powerful team of
defenders on your side. Call Parks & Braxton, PA today!