Charged With A DUI? 4 Possible Weaknesses In The Prosecutor's Evidence

Posted on

If you've been charged with driving while intoxicated, then you may feel completely hopeless. It takes a very short period of time to find your life turned completely upside down. Your vehicle's been taken, you've been hauled down to the local police station and you are facing major consequences, such as expensive fines, time behind bars and revoked driving privileges. Therefore, you need to hire a strong attorney to help you through this situation. He or she can help you determine your best options and help you find weaknesses in the prosecution's evidence, which could include some of the following:

1. Failure to Follow Proper Protocols.

Some officers are greedy and hungry to make an arrest. For that reason, they may not follow the proper and necessary protocols when collecting evidence to ultimately be used against you. For starters, officers must have a justifiable reason to pull you over to begin with. If they lack that probable cause, the results of the traffic stop may be thrown out of court.

2. Inaccurate BAC Measures.

There is no Breathalyzer test that can measure your blood alcohol content level at 100 percent accuracy. For instance, according to, if you burped or vomited roughly 20 minutes before taking your Breathalyzer, the results could show up higher than they actually should. The same is true if you used certain mouthwashes, breath fresheners and toothache medicines. For this reason, an officer is supposed to keep an eye on you for 20 minutes before giving you the test.  

3. Faulty Equipment or Blood Samples.

It isn't uncommon for equipment to go out of date, and this includes the breath testing equipment that authorities use to determine your BAC level. In some cases, the software may not have been updated as it should have been or it may not have been properly maintained in order to stay in optimal working condition. According to, a breath-testing device must be calibrated on a regular basis to maintain its accuracy. As for blood samples, they must be maintained at certain temperatures or the blood cannot be properly tested due to the blood decomposing or coagulating, which can lead to higher than necessary readings.  

4. Improper Reading of Behavior.

Most drunken people find it difficult to walk a straight line, which is why officers conduct a field sobriety test when they believe you have been drinking and then proceeded to get behind the wheel. However, for some people, they can't walk a straight line when they're sober. This may be due to a medical issue or simple fatigue. Whatever the case may be, it could have led to the charge, which can be dismissed if it can be proven that you have a medical condition.

You need to obtain representation as soon as possible so that you can fight the charges the law enforcement officers are bringing against you. Schedule a consultation with a criminal defense attorney or a DUI lawyer, like those at Robert E Long & Associates Ltd, to discuss all the facts of your case and to see how a lawyer can help you hopefully avoid jail time and a criminal conviction.