Illegal searches and seizures violate the Fourth Amendment. Illegal field sobriety tests. There are specific field sobriety tests officers should give and specific ways they should give them. If the tests are invalid, the arrest may be invalid. Illegal chemical tests. While drivers generally consent to blood or breath tests, officers still need to explain what rights a suspect has. Testing machines must be inspected regularly. Horizontal gaze nystagmus HGN , the walk and turn test WAT , and the one-leg stand OLS are the three main tests that officers use in the field to determine if a driver is too impaired to drive.
Human error can play a part in administering these tests but they are relatively accurate in detecting drivers under the influence. Our DUI lawyers may be able to challenge the tests in the following ways:. The HGN tests look for involuntary eye movement shown when intoxicated. Medical conditions or medications can mimic the involuntary eye movement that is similar to those when impaired by alcohol. Before trial or during the trial on cross-examination of the officer, your attorney can challenge the accuracy of these tests.
The accuracy of your test results can be contested with a urine, breath, or blood test. One of the key areas your attorney may be able to challenge a Breathalyzer test is if it was properly maintained and calibrated. It is important to know if the paramedic was trained and if the draw was administered properly when it comes to a blood draw.
An inaccurate result can also occur if the blood sample was contaminated or stored improperly. Your criminal defense lawyer will know how to question all of those tests and conditions. Your blood or breath alcohol results BAC can be thrown out or called into question but there are only a few possible ways this can be done. Every DUI case rests on its own unique fact patterns.
Errors about the facts of your case are a strong way to have the DUI case against you dismissed. Other evidence may seem less convincing to a jury if the prosecutor has been wrong about important facts. A strong smell of alcohol would be an important piece of evidence towards probable cause to initiate the arrest, so it would be odd for the officer to not record it at the time.
More than likely, the officer is mistaking you for another individual, potentially throwing many details of her report into doubt. Likewise, the evidence of a blood alcohol concentration BAC above the legal limit may be factually accurate. A chemical test may seem to indicate that you were past the legal limit of 0. Due to the way the body processes alcohol, your BAC continues to climb for a while, leading to a higher BAC reading over time.
Under the standard first expounded on in the U. A DUI conviction on your driving record could jeopardize future applications for work.
Although your DUI conviction may not represent a felony, you could be viewed by the potential employer as a liability risk. A skilled attorney can explain more of the benefits of getting a DUI reduced, call us today. Yes you can, and we have many times because Idaho state has the burden of proof, they can reduce the DUI charge to avoid a not guilty verdict.
DUI charges that are amended to Reckless Driving are possible. Now you may still have to attend DUI School, pay a fine, undergo an alcohol evaluation and perform community service hours, but in return, you would not suffer a formal DUI conviction on your record. The prosecutor benefits because he avoids the possibility of an acquittal had the weak DUI case proceeded on to trial. This plea bargain or reduction of the charge but with DUI penalties is often viewed as wet reckless.
The prosecutor is assured that you get a valuable education on the dangers of drinking and driving.
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