If you have been arrested for and arraigned with driving under the influence, you may be concerned about the result of your case. Perhaps a breathalyzer test indicated that you’re indeed intoxicated. You might think that this proof will guarantee that you’ll be discovered guilty if you go to trial, but this doesn’t have to be the situation. DUI lawyers know very well what arguments could make evidence less compelling or even make it invalid.

One argument your attorney can make is the outcomes of the breath analyzer were skewed due to a preexisting condition that you’ve got. Breath testing works by gauging the levels of alcohol present in a sample of a person’s breath, but this sort of technology is not foolproof. It may not have the capacity to get rid of other substances that can test positive in a breath analyzer test. Ailments like diabetes mellitus, ketosis, and acid reflux disease could lead to imprecise results.

Another discussion your lawyer could make is when the policeman didn’t adhere to protocols during the breathalyzer test. Protocols differ per state and even for every police department. Some typical samples of proper protocol include patiently waiting to administer the breathalyzer so that residual alcohol doesn’t affect the outcomes or keeping the place where the test is administered free from radio frequency disturbance. Radio frequency interference can be induced by a cell phone, resulting in unreliable results.

The DUI attorney could also debate if the arresting officer didn’t get the approval of the driver prior to taking the test. Law enforcement officials must explain to individuals who’re stopped for drunk driving that they could decline to have the breath test. If the policeman states that the breath test is mandatory or says that the motorist will have heavier penalties should he or she decline, it can be a violation of due process and the court may not include it as an evidence during trial.

It is also possible for the legal professional to say there wasn’t any probable cause for the police officer to halt the individual. The United States Supreme Court case law only allows law enforcement officials to stop a motor vehicle if there’s probable cause. It means that a reasonable individual would believe that the individuals inside the vehicle are committing a violation. In the absence of probable cause, the gathered evidence won’t be admitted. The results of the breath test are involved in these evidences. It is the lawyer who’ll convince the judge there was no probable cause and so the judge can exclude the test results in trial.

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