How to Fight DUI Evidence – Always remember, when fighting DUI charges you are innocent until proven guilty. If there is any reasonable doubt that you were not truly intoxicated or impaired while driving, the court will dismiss your case. There are some common scenarios of how your case could get dismissed. When fighting a DUI case based on a field sobriety test, much of the testing procedures that police officers use in the field to prove that you are under the influence are not accurate and can often be successfully challenged in court. For example, the walk-and-turn test is only an average 68% accurate in determining DUI intoxication. People who have injuries, certain medical conditions, are past a certain age, or who are more than 50 lbs. overweight can all fail this test without being intoxicated or even have consumed any alcohol at all. Even the type or lack of footwear and ground conditions can be a major factor in why the test could be proven invalid.
Another frequent reason DUI cases get dismissed, is because using a non-standardized field test is not valid evidence. Some of the most common field sobriety tests are considered completely invalid as evidence – saying the alphabet, counting backwards, and touching your finger to your nose are not valid ways to determine intoxication. Additionally, breath tests are not always accurate. In fact just one breath test can be inaccurate by up to plus-or-minus 12.5%, which can leave much too big a margin for error when someone’s future is at stake fighting a DUI case. If one breath test is the only evidence against you, there is a good chance you can successfully fight the charges with the assistance of a qualified DUI attorney like Jesse Kalter on your side.
Before you begin spending significant amounts of money to fight your DUI charges, taking advantage of getting a free case evaluation by Jesse Kalter today! Jesse can and will help make sure you are on the right track to potentially dismiss your case as quickly as possible.