Arrested for DUI? Wondering If You Can Challenge Field Sobriety Test Evidence?
If you were arrested and charged with DUI based on field sobriety, breathalyzer test or blood alcohol content results, it is important to know that there is hope. With the help of an experienced lawyer, you can still fight your charges. Contact us now for a free consultation.
Challenging Field Sobriety and Blood Alcohol Tests
Field sobriety tests and equipment or tests used to calculate blood alcohol content can be unreliable. It is possible to challenge the evidence successfully and win a DUI case in court. This will take the help of an attorney who knows the law, the technology and the system. At Fiore & Barber, LLC, we have the skill and experience to identify flawed field sobriety and Breathalyzer test evidence.
Field Sobriety Tests. There are three Standardized Field Sobriety Tests. They are the Horizontal Gaze Nystagmus Test, the Walk-and-Turn Test, and the One-Leg Stand Test. The manner and conditions in which the arresting officer administered these tests and whether he or she administered them properly are issues that must be reviewed by an experienced and thorough DUI defense attorney.
Blood Alcohol Testing. The Pennsylvania DUI statute mandates that evidence of a person’s blood alcohol must be obtained within two (2) hours after the individual has driven, operated or been in actual physical control of the movements of a vehicle. While there are a few exceptions to this rule, it is extremely important that you engage a professional DUI team who can identify and take advantage of any timing issues in your case.
- Blood testing. It is important to carefully examine blood test results to determine if the variance or margin of error may include the possibility that the true blood-alcohol content was in a lower tier or below 0.08 percent altogether. If a person’s blood-alcohol content is tested to be, say, 0.10 percent, no toxicologist (or district attorney) can say with any certainty that the person’s actual blood alcohol concentration wasn’t above or below this level. Virtually every toxicologist will concede that there is a variance of 3 to 10 percent within which the actual blood alcohol content would likely fall.
- Breath testing. Police frequently test blood-alcohol content by subjecting the motorist to a “breathalyzer” machine. To be admissible at trial, breath tests must be conducted in conformity with regulations set forth by PennDOT. A failure of the police to comply with any of these regulations can result in the test results being suppressed (ruled inadmissible) at trial.
The Consequences of Field Sobriety Test Refusal
If you are stopped on suspicion of drunk driving and refuse to take a field sobriety or breathalyzer test, your driver’s license will almost certainly be suspended for one year — whether or not you are ultimately charged and convicted of DUI.
Test refusal puts you in the same category as a person driving with twice the legal limit of alcohol in their system (0.16 BAC). You face the same fines and mandatory minimum jail times regardless of the actual amount of alcohol in your system, if any.
We understand the fear and frustration you feel after being arrested for DUI. The lawyers at Fiore & Barber, LLC remain straightforward and honest with you, giving you practical advice and diligent defense to help you throughout the process. Call us today at 215-660-3736 or contact us online to arrange a free consultation. Our hours are flexible to meet your needs.
With offices in Harleysville and Center Valley, PA, Fiore & Barber, LLC serves clients in Montgomery County and Bucks County in southeastern Pennsylvania, including the Municipality of Norristown and the Borough of Doylestown.