Challenging Breathalyzer and Field Sobriety Tests Used in Drunk Driving Cases
When police officers arrest someone for DUI or DWI, it is based in part on a judgment call. In theory, field sobriety tests help law enforcement make that call. Unfortunately, field sobriety tests have been shown to be largely subjective and to yield questionable results at best.
Breathalyzer tests are not infallible, either. If the machine is not properly calibrated, if there are mechanical errors, or if the test is not administered correctly, the results can be inaccurate. Police officers need to be properly trained and have appropriate refresher training. Some medical conditions can create a false-positive result.
At the Law Offices of Elling & Elling, we are committed to keeping inaccurate field sobriety or breath tests from being used against our clients in DUI, DWI and other alcohol-related cases.
We are a father-son legal team who offers practical, experienced guidance in criminal and traffic cases. We have the experience and determination to help you effectively navigate the legal system.
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Videos of field sobriety tests and the results of Breathalyzer tests are often key factors in DUI and DWI cases.
In order for an ordinary adult to be found guilty of DUI, his or her blood alcohol level has to have been .08 or higher (or be under the influence of drugs). If the driver’s BAC was between .04 and .08, he or she could be charged with DUI, but only if there is other evidence of impairment. Therefore, an inaccurate Breathalyzer test could be the difference between the DWI penalty of up to two months in jail and the DUI penalty of up to one year in jail for a first offense.
Attorneys David Elling and Todd Elling have the investigative skills to evaluate the Breathalyzer and field sobriety tests that you were given and to determine if law enforcement made mistakes that violated your constitutional rights.
In these cases, we often review squad car videos from the arrests to make a determination of whether law enforcement used subjective field sobriety tests to build their cases, and to see if any obvious errors were made when they administered the preliminary breath test.
We are prepared to subpoena police records on the maintenance and calibration of their Breathalyzers, along with training records for the officers involved, then work closely with experts to evaluate Breathalyzer test results. We are also prepared to have experts testify as to how field sobriety tests measure drivers’ physical and mental capabilities instead of their impaired levels.
We will fight for the charges to be dismissed if we discover any errors that undermine the state’s case against you.
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At Elling & Elling, we have the determination and experience to defend your rights. We welcome you to contact us online or by telephone. Call 301-637-0281 or toll free at 866-470-5187 to schedule a free initial consultation.