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DUI » DUI Testing » Challenging DUI Evidence

Challenging DUI Evidence

If you are facing DUI charges in the Tampa area, you may wonder if there is anything that can be done to successfully avoid a conviction. A successful strategy is typically based upon specific issues related to violations of standard procedure or a defendant's constitutional rights, or evidentiary issues. Law enforcement personnel are only human; they make mistakes. If these mistakes are made in regard to the collection or processing of evidence, your lawyer may be able to use this to your advantage.

What evidence plays a key role in DUI charges?

The government will typically build DUI charges against a defendant based upon his or her performance on field sobriety tests, the arresting officer's testimony of the defendant's behavior and any statements he or she made and the defendant's breath or blood test results. True, if you took a breath test and blew a 0.12 percent, you may feel that you have little to no chance of avoiding a conviction - but what if your lawyer was able to challenge the validity of this evidence? Following are some issues that may be brought about by your attorney in regard to the evidence collected against you:

  • The breath test device was not calibrated or maintained properly.
  • The breath test or blood test was not administered properly.
  • The blood sample was mishandled.
  • The officer's testimony of the defendant's "intoxication" directly counters what is shown in interrogation room video or the video mounted on the arresting officer's vehicle.
  • The officer administered field sobriety tests improperly.
  • A non-alcohol related issue led to poor performance on field sobriety tests.
  • The officer has a history of inaccurate grading of field sobriety tests.

This may be accomplished by discovering evidence not presented or previously found, by a thorough cross-examination of the arresting officer and by conducting an independent analysis of the breath / blood test administered. The approach may vary depending on the particular case and the circumstances surrounding the driver's charges. Right now, you have the opportunity to find out what can be done to challenge the evidence in your drunk driving case. Contact us for the experienced, dedicated legal counsel you deserve.

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