There are two types of physical evidence that are typically relied on heavily when prosecuting a DWI case. These two pieces of evidence are the results from your field sobriety test and the results of your breathalyzer test. It is this physical evidence that is used to prove that you were in fact intoxicated at the time of your arrest. It is also this physical evidence which many people fear they cannot overcome when defending themselves against a DWI charge. However, this is not always the case. In fact, there are several defense strategies that an experienced DWI attorney may use to help discredit this physical evidence or even have it thrown out all together.
Fighting The Results Of Your Field Sobriety Test
A field sobriety test is designed to test your motor skills since these skills are typically impaired when under the influence of drugs or alcohol. However, it is important to note that intoxication is just one of many reasons why a person may perform badly on a field sobriety test. For instance, stress, nerves, heavy traffic, bad weather conditions, a physical injury, or poor lighting can all cause you to perform badly on this test. In order to discredit the results of your field sobriety test, your attorney will need to demonstrate for the court that there was another reasonable excuse for your poor performance.
Fighting The Results Of Your Breathalyzer Test
Fighting the results of a breathalyzer test can be a bit more complex than challenging the results of a field sobriety test. This is because most courts openly recognize the science behind these tests as being legitimate. However, this does not mean that a failed breathalyzer test will automatically result in a conviction. This is because, while the science behind these tests may be sound, there are some major flaws in the way a breathalyzer works. If your attorney can prove that the results of your test are unreliable due to these flaws, they may be able to have this physical evidence thrown out.
The most notable flaw in the breathalyzer is that there is no way for this machine to differentiate between the alcohol content in your deep lung air (the alcohol content it is supposed to be measuring) and any residual alcohol that is left in the mouth. Since residual mouth alcohol levels can spike dramatically after belching, vomiting, or suffering acid reflux, it is quite possible for a breathalyzer to return a result that is much higher than your actual blood alcohol content. Demonstrating that your breathalyzer results are inaccurate or unreliable due to the presence of mouth alcohol is one of the most effective ways for your DWI defense attorney, such as David A. Mansfield, to discredit this often vital evidence.