Can a Lawyer Help You Defend Against Sobriety Tests?



When faced with a DUI charge, the stakes can be high. A DUI charge can lead to severe consequences, including substantial fines, license suspension, and even jail time. Given the potential impact on your life, it’s worth at least discussing what happened with a lawyer.

Sobriety tests, including field sobriety tests and breathalyzer tests, are designed to assess a driver’s level of impairment. However, these tests are not infallible and can be influenced by a variety of factors. At Fighter Law, our board-certified team of experienced DUI attorneys, including Attorney Thomas Feiter, understands the complexities of sobriety tests and the nuances of the law surrounding them. We can help you build a strong defense against the charges you face.

Types of Sobriety Tests

Sobriety testing is primarily designed to assess a driver’s level of impairment. The most common types include field sobriety tests, which often involve tasks like the one-leg stand and the horizontal gaze nystagmus test. During a traffic stop, law enforcement officers may administer these tests to determine if a driver is under the influence of alcohol or drugs. Each type of test has specific protocols that must be followed for accurate results, and any deviation may be grounds for challenging the test results.

Common Issues with Field Sobriety Tests

Field sobriety tests can be subjective, as they rely on the observations of law enforcement officers. Factors such as a driver’s medical condition or physical ability can affect performance, leading to potential misinterpretations of the results. For instance, someone with a balance disorder might struggle with the one-leg stand, resulting in a failed field sobriety test despite being sober.

The standardized procedures for administering these tests are not always followed, which can also compromise their validity. If a law enforcement officer fails to provide clear instructions or conducts the tests in an unsafe environment, the results can be called into question. 

Challenging the Accuracy of Breathalyzer Results and Blood Tests

Breathalyzer tests are widely used to measure blood alcohol content, but their accuracy can be contested. Various factors can influence breathalyzer results, including calibration issues, improper usage, or the presence of mouth alcohol. Also, if the device has not been properly maintained or calibrated, the results may not reflect the true BAC level. 

Legal protocols must be followed during the administration of breathalyzer tests. If law enforcement officers fail to adhere to these protocols, the test results could be rendered inadmissible in court.

Additionally, blood tests are often considered the gold standard for measuring intoxication, but they are still not infallible. Several legal defenses can be employed against blood test evidence, such as improper collection and storage procedures. If a blood sample is not handled correctly, it can lead to contamination or degradation, resulting in inaccurate BAC readings.

How a Lawyer Can Assess Your Case

An experienced lawyer can conduct a comprehensive review of the details surrounding your traffic stop, including the circumstances leading to the sobriety tests and the actions taken by law enforcement officers. This assessment will help identify potential weaknesses in the prosecution’s case and possible defenses that can be employed. Your attorney will also analyze field sobriety test results and any breathalyzer or blood test evidence to ensure that proper protocols are followed.

Your lawyer can provide valuable insight into the legal implications of your case, helping you understand the potential outcomes and options available to you. They will work closely with you to develop a personalized defense strategy tailored to your unique situation, advocating for your rights and providing guidance on how to respond to police inquiries.

Schedule a Consultation with a Florida Criminal Defense Attorney

If you are facing a DUI charge, seek legal assistance promptly. Contact Fighter Law to schedule a free consultation with an experienced DUI defense attorney.

During this consultation, you will have the opportunity to discuss the specifics of your case and explore your legal options. A knowledgeable lawyer can help you understand the implications of sobriety tests and guide you in building a robust defense against the charges you are facing. Call Fighter Law at (407) 344-4837 or use our contact form to schedule a consultation about your case as soon as possible.

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