If you have been arrested for and arraigned with driving under the influence, you might be concerned about the final result of your case. Maybe you did not successfully pass the breath analyzer test. You might think that this proof guarantees that you will be found guilty if you head to trial, but it doesn't have to be the situation. There are many arguments a DUI lawyer can make to get the evidence excluded or at least make it look less convincing.
Your attorney can say that you've got a preexisting problem that will make breathalyzer outcomes imprecise. Breath screening works by gauging the levels of alcohol present in a sample of the person's breath, yet this type of technology is not infallible. It might not have the capacity to get rid of other substances that could test positive during a breathalyzer test. Diabetes mellitus, a diet ailment called ketosis, and acid reflux disease could all alter the results of a breathalyzer and make it incorrect.
Your lawyer could also argue that the police officer who administered a breath analyzer did not comply with protocol. States and even police departments adhere to different protocols. Some typical examples of proper protocol include patiently waiting to execute the breath analyzer test to ensure that residual alcohol doesn't alter the outcomes or keeping the location in which the test is administered clear of radio frequency disturbance. Even a cellular phone could cause radio frequency interference and render the results of a breathalyzer test undependable.
A related discussion that a DUI lawyer can make is that the official didn't have probable cause to halt the offender to start with. According to United States Supreme Court case law, police officers cannot stop an automobile except if they've got probable cause that the law is being breached. It means that a reasonable person would be convinced that the people in the automobile are committing an infringement. Without probable cause, the gathered evidence will not be accepted. This can include the results of a breathalyzer examination. If your attorney could successfully convince the court that no probable cause was there to pull you over, the judge will leave out the outcomes of the breathalyzer examination from trial.
Your attorney can say that you've got a preexisting problem that will make breathalyzer outcomes imprecise. Breath screening works by gauging the levels of alcohol present in a sample of the person's breath, yet this type of technology is not infallible. It might not have the capacity to get rid of other substances that could test positive during a breathalyzer test. Diabetes mellitus, a diet ailment called ketosis, and acid reflux disease could all alter the results of a breathalyzer and make it incorrect.
Your lawyer could also argue that the police officer who administered a breath analyzer did not comply with protocol. States and even police departments adhere to different protocols. Some typical examples of proper protocol include patiently waiting to execute the breath analyzer test to ensure that residual alcohol doesn't alter the outcomes or keeping the location in which the test is administered clear of radio frequency disturbance. Even a cellular phone could cause radio frequency interference and render the results of a breathalyzer test undependable.
A related discussion that a DUI lawyer can make is that the official didn't have probable cause to halt the offender to start with. According to United States Supreme Court case law, police officers cannot stop an automobile except if they've got probable cause that the law is being breached. It means that a reasonable person would be convinced that the people in the automobile are committing an infringement. Without probable cause, the gathered evidence will not be accepted. This can include the results of a breathalyzer examination. If your attorney could successfully convince the court that no probable cause was there to pull you over, the judge will leave out the outcomes of the breathalyzer examination from trial.
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