What are the common issues with DUI tests?

On Behalf of | Apr 6, 2022 | Criminal Defense

Whether you’re asked to take a Breathalyzer test or a field sobriety test, you should know that these tests are not perfect. Each of these tests has the potential to be inaccurate, so there is a risk that you could be falsely accused of a DUI.

Fortunately, you can learn more about the potential downsides of these tests and how it may be possible to exclude them as evidence in a criminal case. Even if the evidence is included in your case, you may be able to successfully defend against the allegations.

What are the big issues with Breathalyzer tests?

There are several issues that can occur with Breathalyzer tests. The primary concern is that the test may not have been accurate because it was performed wrong. For example, if you burp during the test, it’s possible to get a false positive result or a might higher test result than you would have if you had not.

Additionally, if the officer isn’t trained to give the test, there is a chance that they could make a mistake and get the wrong reading.

A third problem with Breathalyzer tests is that they need to be calibrated. If they have not been calibrated correctly, then their results could be inadmissible.

What are the problems with field sobriety tests?

Field sobriety tests are highly subjective. While they do check for nystagmus or balance, there are reasons why someone may not be able to pass these tests despite being sober. For example, neurological disorders can cause the eyes to have nystagmus, so the nystagmus itself isn’t necessarily a sign of alcohol intoxication.

Other tests, like the one-legged stand, show that a person can’t balance well, but physical injuries can also lead to imbalances. Issues with vertigo or other health conditions may also lead to trouble completing this sobriety test.

Basically, there are many reasons that people may not pass field sobriety tests, so they should not necessarily be the only evidence pointing to someone’s intoxication. If they are, it may be possible to show that they are not accurate and that you were not impaired at the time of a traffic stop.