Contesting the DUI Evidence
Tips for Fighting Your DUI Charges in Miami
Being arrested for a DUI 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.
Fighting a 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 jail 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!
Our skilled 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!