When you were stopped and accused of driving while intoxicated, you thought that the case would resolve itself. You knew that you weren’t impaired, and you thought that the Breathalyzer test that said you were would be found to be faulty.
So far, that hasn’t happened. Additionally, as a result of a second high blood alcohol concentration test that came back above .08%, you are now facing the assumption that you were impaired at the time of your traffic stop.
What makes this assumption rebuttable?
This assumption is rebuttable because you can argue that you were not impaired and fight the evidence that was collected. For example, you could show that you have a medical condition that may have affected the Breathalyzer test, or you could show that mistakes were made during your case.
Is it possible to get evidence thrown out in a DUI case?
Yes, it is possible to have evidence thrown out in a DUI case. Most often, this happens because of an unconstitutional search and seizure. For example, if the police:
- Didn’t have a reason to make the traffic stop
- Racially profiled the driver of the vehicle
- Administered the Breathalyzer test incorrectly
- Did not administer the field sobriety tests correctly
- Did not have probable cause to make an arrest
What are common kinds of evidence to dispute?
Common types of evidence include results from:
- The one-leg stand test
- Evidentiary breath test results
- Walk-and-turn tests
- The horizontal gaze nystagmus test
Any statements you make to the police may also be used as evidence, which is why it’s a good idea not to say much to the officer when you’re stopped.
How can your attorney help with disputing evidence?
Your attorney will have a good idea of what to look for to see if evidence was collected in accordance with the law. You should be honest with them about what happened during the arrest and any statements that you made, so that they can look into ways to defend you against the allegations. With the right information, it may be possible to challenge the evidence that has been collected.