RSSFighting Breathalyzers and Field Sobriety Tests for DUI in Court
Mar 12
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As any skilled DUI attorney knows, the most important decision they must make in a case is choosing what defense to present. Because, once a defense is presented, it tends to be very difficult to present a different one if the jury is unimpressed by the first.
A knowledgeable DUI attorney knows that all arguments following the main one must be consistent to the first. For if an attorney does not follow this common procedure, their defense can come off as being underhanded.
It is never a wise choice to argue that your defendant was hardly over the legal limit, as this tries to make room for a gray area when one does not exist. You are either guilty or not guilty, and the jury will determine which one you are. You cannot be “a little bit” guilty. If this is your approach, it would be a better idea to negotiate a bargain with the prosecutor rather than taking your case to trial.
Following that same idea, it is not wise trying to argue that the defendant was unaware they were intoxicated over the legal limit, as it really does not matter. If the defendant is legally an adult, then they will be responsible for their conduct. Also, another helpful tip is to not refer to the breathalyzer device as an instrument or machine, as most people associate both of these terms to be correct the vast majority of the time.
When taking on a breathalyzer test it is important you understand how they work. They do not actually tests for your blood alcohol level, but actually register only an estimation based on your breath. Breathalyzer tests can vary significantly between individuals even if they have the exact same blood alcohol level. Therefore, when you are facing breathalyzer test in court, it is much more effective to show the results to the jury and argue how the device can give incorrect readings.
When battling a breathalyzer test in court and try not to use boring and scientific type terms such as, margin of error. A much more effective technique with the jury is to give them the results in a possible range. For example, when an individual drinks X number of alcoholic beverages, their blood alcohol level can register anywhere between X and X. This will be much easier understood and more effective in court. Another important tip is to never attack the arresting officer for being biased unless you have proof. The vast majority of jurors will not believe that claim.
Another good point to note, is rather than attacking the police officer’s integrity, it is a better idea to discuss the correct breathalyzer procedures and show to the jury how the police officer didn’t follow them. A good example would be, that the rules state the officer must wait near the driver for 15 to 20 minutes prior to administering the breathalyzer test, because if the driver has consumed certain foods or burped, the test can give an incorrect reading and actually show higher results than are true.
It is critical that you really drive the point home that breathalyzer equipment and field sobriety tests are different in different cities, frequently show a false positive, and are definitely not perfect. Because, if the jury is convinced these procedures are perfect, it will prove to be very difficult to change their mind.
Learn more about finding an experienced San Diego DUI Attorney. Stop by Robert M. Jenkins’s site where you can find out all about San Diego DUI related information and what to do.
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