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Successfully Challenging Officer Statements, Actions, and Testimony in DUI

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Quite often, a DUI case comes down to how an officer acts and how you refute his or her testimony. The officer could have, or say they did, pulled you over for running a red light or driving incorrectly. You are then given a breathalyzer. In this instance, you may think the game is over. However, you have rights and you will have your day in court. The example given will be the focus of this blog guide on using officer statements, actions, and testimony to defend a DUI.

Why They Pulled You Over
In the example given, you may have run a red light; in this instance, there is a clear reason to pull you over if in fact this is true. If you were driving incorrectly, that’s a different interpretation. You may have been driving fine, and in fact there was no reason to pull you over. The officer can pull you over for a variety of other reasons, but they legally have to relate to your driving. If you were driving correctly, and the officer pulled you over because you were a minority, were a young driver, were a woman, even if you were a white male and the officer took a chance, these are illegal. The problem is this can be very difficult to prove in court. It’s not always ethnic background or sex, but it’s been reported, unfortunately, that sometimes officers pull you over simply based on how you look.

How Did You Act?
If you acted in a way that seemed odd, the officer can use this as evidence of giving you a breathalyzer. In our example, you may have been legally pulled over for running a red light; the officer then briefly questioned you and thought you acted odd. In this case, your defense can be based on what you believe happened. Maybe you were just nervous or mad about being pulled over. Perhaps you have a medical condition. There are many explanations for acting oddly beyond drinking and driving. Your defense can refute why the officer pulled you over, why they tested you for alcohol, and why they arrested you.

The Sobriety Test
Technically, sobriety tests beyond a breathalyzer or blood test can be wrong. Breathalyzer tests can also be used incorrectly. And you do you not to take certain sobriety tests, such as walking in a straight line, as no states have laws on the books saying you have to. You are required to take the breathalyzer, but even if you do and fail, it does not mean defense is impossible. The best proof of a DUI is the blood test, where human error is negligible.

What Can You Do?
If you feel you were pulled over for no legal reason, if the officer acted in error, if the sobriety test was wrong, if the breathalyzer was incorrect, and if you believe your innocence you need an experienced DUI lawyer. This is too complex of a case to handle alone.

The important thing is you can win. While most DUI cases where both officer testimony, the breathalyzer, and the blood test show clear intoxication do end up in a guilty verdict, there is a lot of room for error. You can refute the testimony of the officer with witnesses. You can prove you were not drinking at all. You can report how you acted oddly in the sobriety test because of a physical impairment. There are more defenses than you might think. If you’re innocent and you know it, you have a right to hire a lawyer. On the other hand, if you’re guilty and you know it, it’s too difficult to win if the proof is irrefutable, but you still should hire a lawyer in order to lessen charges.

Why Plead Guilty to DUI?

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You admit to the officer you’ve been drinking, and she asks how much you drank. You answer, and she says you’ll have to take a breathalyzer and a sobriety test. Then, you fail the breathalyzer, or you pass it and completely fail the sobriety test.

Many mistakes are being made in these examples. It’s not wrong to admit you’ve been drinking, but there is a fine line when it comes to answering questions you may have to fight in court. Yes, you can admit to drinking, but 1) just because you fail a breathalyzer does not mean your guilty, 2) the officer has to follow the  law too, and 3) you do not have to take sobriety tests.

An effective defense against DUI  is often  bargaining with the prosecution for a lesser charge. In other ways, you can show the judge or jury enough doubt about the case to make it tougher for the prosecution to win with full charges.

Why can the breathalyzer be wrong?
Breathalyzers can be wrong. The most effective test  for BAC (blood alcohol content) is in fact not the breathalyzer which any officer can give, but the blood test. Alcohol goes into your blood and that’s the best way to test for it.

Breathalyzers can vary in accuracy from person to person. It is clearly not an exact science. The breathalyzer tests blood alcohol from exhaled air, which is then multiplied greatly to get an estimate. If it sounds flawed, that’s because it’s simply the most convenient test for officers on the road. Yes, it is accurate much of the time, but it often does not stand in court without further evidence. Breathalyzer tests have been proven to be wrong in many cases. Just because you fail one does not mean you should plead guilty.

Why not take a sobriety test?
Also, if you plead guilty based on a sobriety test, it’s a mistake. If you fail both the breathalyzer and sobriety test, you still need not necessarily plead guilty. Why? Quite simply, sobriety tests are optional, and some officers perform them incorrectly. So we now know breathalyzers and sobriety tests can be inaccurate.

What mistakes can the officer make?
The officer can pull you over without probable cause. He or she might pull you over based on how your car looks or more often how you look. This is against the law, “profiling” suspects before they’ve done anything wrong. Also, if you choose to take a sobriety test just to prove your not drunk, the officer may  not perform it accurately. Another way officers make mistakes is never reading your rights, the Miranda.

When should you plead guilty?
There are cases where pleading guilty to lesser charges is definitely smart. However, never make this decision without the counsel of a DUI lawyer. You need someone who has years experience in handling cases just like yours. Never, ever plead guilty without consulting a lawyer.

How Breathalyzers Effect New York DWI Defense

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Breathalyzers effect all states DUI and DWI cases.

The problem is that sometimes they can be inaccurate, especially because they are actually a breath collecting devices which the officers will adjust for accuracy.

That means they can be falsely positive. While considered rare, it happens. There are other downfalls of how DWI cases are based. Breathalyzers are just one potential mistake.

The officer could make a mistake.
You could not have been driving the car.
An actual BAC (blood alcohol content) test could prove you were not over the limit upon further study.
A sobriety test could have been incorrectly performed.

What is a breathalyzer?
The breathalyzer is a device used by officers in New York state and other states for testing drivers BAC levels. Say for example you drink 5 beers and get behind the wheel, drive, and start swerving in the lane or run a red light. At this point, the officer has probable cause to pull you over. The breathalyzer is a device used with punishment for denial; if you refuse to use it, you likely face charges.

The breathalyzer works like this. It has three sections — one for collecting your breath, one part chemical system sensitive to alcohol, and the final part a scientific test for testing photo cells. All that really matters there is how the BAC is come to. You blow out, the breathalyzer collects your breath, and then it’s up to the officer to test your alcohol levels.

Are they wrong?
Yes, they can be wrong. They are correct the majority of the time, but just as not every scientific test in school usually goes through several phases for accuracy, the breathalyzer is often used in conjunction with other forms. If there is no other guideline for your arrest, you have a chance at DWI defense. The officer can in many cases get a false positive.

What matters in New York?
In New York, drinking and driving is called DWI (driving while intoxicated). Breathalyzers are very common across the country, and in New York. If you are pulled over here, you need professional counsel on how to handle the situation.

How do you defend in court?
If you are charged with a New York DWI, you need an experienced attorney to fight your case. Yes, it is possible to defend yourself, but rarely worth taking the chance. New York law means you face a fine,  license suspension, and potential jail time just for your first charge. If you get further charges, you might face felony charges.

To defend in court, a professional lawyer will make his or her point on things like the validity of the breathalyzer, how others tests were used, and how the officer acted.

Juries and sometimes even judges can put aside breathalyzer tests, but usually only when the tests are close. If you are clearly far over the legal limit, few judges and juries will believe your case completely.

On the other hand, how the officer acted in your arrest isn’t to be overlooked. An experienced New York DWI attorney can fight your case if the officer had no probable cause to pull you over, if they never read you your rights, and even the validity of any sobriety tests.