impaired driving records are rarely bad. It turns out that the police make procedural errors when making roadside arrests. Breathalyzers and blood tests are susceptible to compromise or damage. A medical condition and certain foods consumed will likely give a falsely high blood alcohol level. Our lawyers experienced in this type of procedure know how to use these details to win cases or reduce convictions.
Most people arrested for impaired driving in California believe the evidence against them is difficult to overcome, but they are wrong.
Impaired Driving Records Are Full Of Errors And Flaws
In 99.9% of cases, it is better to dispute a DUI charge than to plead guilty in Phoenix by dui lawyer phoenix az for example. Did you know, for example, that: More than 100 substances, certain health conditions, and faulty equipment can interfere with the proper functioning of breathalyzers and generate abnormally high readings.
ot blood tests done in the context of suspected drink-driving are susceptible to many errors? When we retest customer blood samples at independent labs, we frequently get different results…and sometimes find that the original sample was contaminated.
Police must follow a set of codified procedures in specific impaired driving investigations…and very few follow them?
There Are Four Key Elements That The Prosecutor Must Prove
In an impaired driving case, the criminal standard of proof for a prosecutor such as expungement lawyers in phoenix az for example is proof “beyond a reasonable doubt.”
If the case is not 100 void of reasonable doubt, the court can dismiss it. The four pieces of evidence that prosecutors typically use to prosecute a defendant are:
Hazardous Driving Cues: NHTSA has identified 24 visual cues that help police detect impaired drivers, such as the car swerving or running red light.
Physical signs and symptoms: red eyes, the smell of alcohol, or the inability to walk straight are the signs usually most easily discredited by the defense.
Sobriety tests like standing on one leg or nystagmus tests.
The results or refusal of chemical analyses: many methods exist to discredit breathalyzers and blood tests.
The most successful defense strategies involve discrediting or exposing technical defects in any of the above evidence to create a “reasonable doubt.”