What Evidence Can a DUI Lawyer Challenge After a DUI Arrest in the United States?

A DUI arrest can leave you with a ton of questions. What does the state have in evidence? Did they do all the tests correctly? Did the cop do anything wrong? A DUI charge doesn’t mean everything that’s used against you is valid. The defense counsel can look at how the stop happened, how the tests were done and how the samples were handled. If the police did not follow the procedures for legal or testing purposes, certain evidence may be contested. The specific guidelines vary by state and the facts of the arrest. Nevertheless, numerous sorts of DUI evidence often need serious scrutiny.

Begin With the Traffic Stop

The first inquiry is usually easy: Why did the officer stop the car? Generally police need a lawful reason for a traffic stop. That explanation may be speeding or dangerous driving or a traffic infraction or some other information that raises reasonable suspicion. An attorney can analyze the officer’s report, dash cam video, body camera footage and witness accounts. Here, the smallest detail may play a role. Was the driver really going fast? Did the police observe the claimed traffic violation? Did the footage confirm the officer’s account? If the stop was not justified legally, a lawyer may contest the evidence obtained after the stop. How much of an effect this challenge will have depends on the law of the state in which the arrest occurred.

Field Sobriety Tests Are Not Perfect

Investigations of DUI frequently involve field sobriety tests. NHTSA has identified three standardized tests: the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg-stand test. The tests can look quite good on paper. It may be different in real life. Performance is affected by things like road conditions, poor lighting, weather, shoes, age, injuries, balance problems and medical concerns. Nervousness may also have a role. The DUI lawyer might look at whether or not the officer delivered the right directions and followed the testing procedure. The lawyer may also check on whether the officer has accurately written down what occurred. For example, stumbling is not by itself proof of alcohol impairment. Why you moved is important.

Breath test results can be disputed.

Breath testing typically plays a big role in a DUI case. Police utilize preliminary breath devices and evidentiary breath-testing devices, according to NHTSA. Evidential devices can provide evidence for use in court. That does not mean every breath result is not open to examination. A lawyer might look at:

• if the device was cleared for the intended use
• Had the gadget been properly maintained
• Whether required calibration checks were performed
• If the officer was trained to operate it
• Adherence to testing rules
• The right timing for test was if the test was administered at the

NHTSA maintains standards and lists of models for several alcohol testing devices and calibration units. Whether additional facts may impact the reading. The records behind a breath result can be as essential as the number itself.

Blood tests require careful scrutiny

Blood evidence is hard to contradict. It’s a lab test, after all. But the gathering and processing are still important. A lawyer can look at who collected the sample, when it was collected, how it was stored and who handled it subsequently. The defense also may examine lab data and testing protocols. Chain of custody may be significant if the state is relying on a physical sample. This is to evaluate if the arrested individual can be linked with reasonable certainty to the sample that the lab tested. Timing is also important. Alcohol levels could fluctuate after a driver stops driving. Later blood tests may not accurately represent the person’s state at the time of driving. Federal constitutional law also limits some blood draws absent a warrant. Supreme Court rules can depend on the facts, such as if police obtained a warrant or an exception applied.

Urine tests also sometimes have problems

Urine testing can play a role in some DUI investigations, particularly when narcotics are suspected. A lawyer can analyze the process of collection, the lab work, the chain of custody and the method of testing. The facts are important, because drug testing can have different concerns than alcohol tests. NHTSA points out that screening instruments used in drug-impaired driving investigations may vary in sensitivity, specificity, and accuracy. That is why the exact testing and laboratory method deserves consideration.

What about the officer’s statements?

Police reports and testimony can be very important in a DUI case. The officer can mention bloodshot eyes, slurred speech, a stench of alcohol, poor balance or strange driving. A lawyer can cross-reference their assertions with video, witness statements, dispatch records and other evidence. But sometimes the records reveal a different story. A defense lawyer also can seek inconsistencies between an officer’s written report and their later testimony. A mistake does not close a case in itself. However, there may be substantial inconsistencies in the way evidence is viewed.

When to Detain

Timing can matter in several areas of a DUI case. According to NHTSA literature, officers rely on observations and field tests that help establish probable cause before or at the time of a DUI arrest. Chemical testing can then provide more proof. A lawyer can explain the timeline of events from initial contact to arrest and testing. When was the automobile stopped by the officer? When were field tests done? When did they arrest the person? When was the breath, blood or urine sample taken? Sometimes ordering the events makes problems simpler to see.

Remember video and other records

Today’s DUI cases can be more than a test result. A defense lawyer may ask for:

• Body-worn camera video
• Dash cam footage
• Traffic camera footage
• Dispatch logs
• 911 calls
• Notes from Officer
• Breath test records
• Calibration Logbooks
• Laboratory notebook
• Medical records
• Witness statements

These documents can give context that is sometimes lacking in a short police report. This is where a Criminal Defense Lawyer can help a person charged with a DUI. The lawyer can look at the facts in its entirety instead of just one scary statistic.

What Happens If Evidence Is Questioned?

Not every challenging evidence results in the court dismissing the DUI accusation. A judge may remove certain evidence, limit its use, or deny a particular challenge. In other circumstances the challenge may not be very effective. The outcome relies on the state law, the facts, the sort of evidence, and the basis for the challenge. That is why a DUI defense should always begin with the actual evidence of the case, not assumptions of what normally happens.

How a Platinum Criminal Defense Law Firm Can Help

Platinum Criminal Defense Law Firm, we represent the accused in the United States. The business says David Benowitz is a skilled criminal defense attorney with a history of defending clients. The firm further reports that Mr. Benowitz is AV rated by Martindale-Hubbell, has a perfect 10 rating from Avvo and is a member of the National College for DUI Defense. The firm also says he teaches at Harvard Law School’s Trial Advocacy Workshop. If you are caught for DUI, don’t just assume the evidence will convict you. A lawyer can look at how the evidence was obtained, tested, documented and presented. Details are important. So does your state law.

Common questions

1. Will a DUI lawyer fight a breathalyzer result for me?

Short answer: Yes, a lawyer can contest the outcome of a breath test where there are legal or testing issues.

Detailed answer: The defense may consider calibration documents, maintenance records, operator training, testing protocols, and the timing of the test. NHTSA recognizes many types of alcohol testing equipment. They are preliminary devices and evidentiary devices.

2. Can you question the results of a field sobriety test?

Short answer: Yes. The test conditions are to be studied.

Detailed answer: A lawyer can study instructions, test settings, officer observations and possible physical or environmental issues. The three standardized tests are meant to assist officers in determining suspected impairment, but the surrounding factors are still important.

3. Can I contest a blood test in a DUI case?

Short answer: Yes. Blood evidence can be tested for testing and legal difficulties.

Detailed answer: The defense might look into the why of blood draw, warrant issues, collection procedures, storage, chain of custody, laboratory work and timing. Detailed answer : Federal law does impose some constraints on blood draws without warrants, but it is contingent upon the situation.

4. Can police video help in a DUI defense?

Short answer: Yes. Video can be a relevant context to the stop and the arrest.

Detailed answer: Dashcam and body-camera film can include: Driving behavior, the traffic stop, field sobriety testing, directions, and the officer’s conduct. A lawyer can match the footage with written reports and evidence afterward.

5. Should I seek a DUI lawyer after being arrested?

Short answer: Getting legal guidance early will help you understand your rights and the evidence against you.

Detailed answer: In some DUI situations, criminal charges and separate license difficulties may be involved. Have a lawyer analyze the stop, arrest, tests and available records. Rules vary from state to state, thus guidance must be specific to the actual jurisdiction and the facts of your case.