Defending an impaired driving case involves a number of legal tactics. This includes using a legal team to protect your rights, negotiating with prosecutors, and attempting to limit the damage. If you are accused of driving under the influence (DUI), it is important to hire an experienced criminal defense lawyer to represent you in court.
A field sobriety test is a type of test that a police officer may administer to determine whether or not a driver is impaired. Unfortunately, the test may not be accurate. There are a number of reasons why the test may fail. Medical conditions, bad road conditions, and previous injuries can all lead to poor performance.
The field sobriety test is only one of several test methods used by police officers to determine if a driver is impaired. The state also uses blood alcohol content readings, alcohol screening tests, and witness statements to determine a driver’s level of intoxication.
A more complicated test is performed to determine the amount of alcohol in a driver’s system. This test is called a preliminary breath test, and it determines whether or not a driver has a Blood Alcohol Content (BAC) of 0.08 percent or higher. A BAC of 0.08 percent or higher is enough to qualify the driver for a DUI. If a driver is arrested for driving with a BAC of 0.08 percent or higher, they may be charged with aggravated DWI, which carries a higher penalty.
A “heel to toe” test is another common DUI test. This Read more test involves a driver placing their feet on an uneven surface. An experienced DUI attorney may be able to argue that the test was administered incorrectly, or that it was administered to an unruly driver.
In many cases, a driver may be able to avoid a jail sentence with a deferred judgment, but this is not the case in every case. For example, a defendant may be able to get off with a deferred judgment if he or she shows a blood alcohol content less than 0.08%. Alternatively, the defendant may be sentenced to probation.
Other tests may also be performed to determine if a driver is impaired, such as a horizontal gaze nystagmus test, which measures eye movements associated with intoxication. However, this is not necessarily the most accurate way to test for intoxication. For example, the horizontal gaze nystagmus test may be inaccurate if the defendant has an eye disease, or if the test is being administered in a poorly lit area.
A blood test is another option, although it is more accurate to call it a urine test. A blood alcohol content test can be a good indication of a driver’s level of intoxication, but it can also indicate that the person has been drinking for a long time, or that they are pregnant. However, it is important to note that the alcohol concentration can increase between the traffic stop and the actual test.
The jury may be interested in whether the defendant was actually impaired when he or she was driving. The jury may also be interested in whether or not the defendant is in physical control of the vehicle. This means that the driver could be idling, driving while asleep in the front seat, or switched places with another passenger.