The Role of Evidence in a DUI Case: How a Lawyer Evaluates and Challenges It

In any case, in which a person faces charges for driving under the influence (DUI), the evidence collected by law enforcement becomes of utmost importance. Evidence such as breath tests, field sobriety tests, and police reports is very important in establishing whether the prosecution has indeed met its case for a conviction. However, these DUI attorneys are very good at analyzing the evidence and questioning the reliability of the evidence to protect their clients.

We shall discuss how DUI lawyers assess and attack the evidence presented in DUI cases, assisting defendants with the legal system.

1. Breathalyzer Results: Not Always Accurate

Among the available aids, the breathalyzer is the most recognizable, as it determines the blood alcohol concentration (BAC) of an individual. This does not mean, however, that this primary tool is not susceptible to any criticism as there are many factors that influence breathalyzer results.

How Lawyers Assess the Accuracy of Breath Growth Test Results

DUI lawyers are keen on the circumstances under which the breathalyzer test was conducted to pinpoint any weaknesses. Such questions will include:

Was the breathalyzer device in proper condition baffled?

Breathalyzers demand constant calibration and maintenance so that they may meet the standards of giving correct test results. A lawyer may find that the device was not serviced following the required procedures, and he/she may dismiss the results obtained from the test.

What is the certification status of the officer who carried out the test?

Breathalyzer tests should only be administered by trained and certified officers. In an instance where the officer does not have the requisite skills, the lawyer will question the evidence obtained from the officer.

Was there any interference with the results of the readings?

There are a number of interferences that can distort the results of the breathalizer for instance, mouth alcohol, which is the alcohol remaining in the mouth after taking a recent drink, certain activities such as burping or using mouthwash, as well as some medical conditions such as acid reflux disease. This can be useful in undermining the findings.

Challenging Breathalyzer Evidence

In the event of any of the above outlined problems, the lawyer can file a motion requesting the court to ignore the breath test results stating that they should not be presented as evidence. In certain situations, this evidence faced with opposition can cause the prosecution's case to be considerably lessened.

2. Field Sobriety Tests: Subjective and Unreliable

Field sobriety tests are yet another strategy that law enforcement utilizes to establish if a driver is under the influence. These tests usually include activities such as walking in a particular direction or standing on one foot to examine an individual’s ability to balance and coordinate. However, these tests are usually subjective and not very accurate.

How Lawyers Evaluate Field Sobriety Tests

Fort Lauderdale DUI defense lawyer scrutinizes how field sobriety tests are applied. They seek to identify possible faults for instance;

Environmental Conditions

Lawyers check if factors such as rough ground surface, darkness, and harsh weather conditions among other factors may have interfered with their client’s performance of the tests.

Physical or Medical Conditions

Some physical issues (for example, injuries, overweight, and health conditions like vertigo) may hinder a person from successfully executing field sobriety tests even when they are sober. Such a condition is one that a lawyer would seek to establish, often in the face of the presumption of intoxication.

Officer Bias

Similarly, the results from the performance of the field sobriety tests are given a subjective interpretation and meaning in line with the officer's judgment. Officers often have their biases, and DUI lawyer Fort Lauderdale may be concerned whether those biases were reflected in the interpretation of the results of the tests performed.

Challenging Field Sobriety Test Evidence

If the external factors or medical conditions caused or contributed to the outcome of the field sobriety tests, the lawyer may also argue that the test results were untrustworthy and should not be used as evidence. Further, in the case where the results of the test cannot be attributed to a proper administration of the test, the lawyer will most likely issue a motion to not include the test results in evidence.

3. Police Reports: Ensuring Accuracy and Objectivity

The arrest of an individual for DUI charges involves many details as captured in the police report which include the actions of the officers on duty and statements made by the suspect. While these documents are quite imperative for the success of the case, they have their weaknesses and imperfections as well.

How Lawyers Evaluate Police Reports

DUI attorneys make sure they efficiently analyze the police reports to determine any possible errors. They examine details such as:

Inconsistencies in the Officer’s Statements

DUI lawyer South Florida will find the need to review dashcam footage or body cam footage to check for the accuracy of the officer's described observations and photographs captured. In the case that there is a discrepancy, the officer’s testimonial might be refuted.

No Adequate Legal Grounds to Stop the Defendant’s Vehicle

This is quite a fundamental aspect of a DUI case whether the law enforcement officers had proper reasons to arrest the accused in the first instance. It would be expected that such factors will be present in the police report for every DUI defense attorney's evaluation. However, if none was present, the arrest would likely be unlawful, and more so, any evidence collected as a result of the arrest would be inadmissible.

Authenticity of the Accused's Claims

Attorneys evaluate statements made by their client during his or her apprehension as well. Over their client’s will and rights (for example if they were not allowed to hear their Miranda warning), the attorney will contend about the admissibility of such statements.

Challenging Evidence in Police Reports

The Fort Lauderdale DUI defense lawyer may seek to clarify or strike out certain portions of the police report or even the officer's testimony in court when it can be established that factual inaccuracy exists in the police report or that no reason to stop the vehicle existed.

A competent and reliable lawyer who knows how to assess and question the evidence is a must for any person who has been charged with driving under the influence of alcohol.