When you are charged with Driving Under the Influence of Alcohol or Drugs (DUI), you face serious criminal and civil consequences. You could face jail time, a fine, and the loss of your driving privileges. Consequently, having an attorney well-versed in DUI law represent you in your case is essential. Of course, every case is different. However, the law remains the same. One can only be convicted of a DUI if the State prosecutor can establish the police complied with the law and have proof beyond a reasonable doubt to establish its case. Unless, of course, a person simply pleads guilty on his or her own volition. This is why having an experienced DUI attorney review the matter is critical.
Compliance with the Law
Police officers are human. They make mistakes. They may improperly search your person or property. They may improperly seize your property. They may fail to read you your Miranda rights. They may mishandle evidence. They may lose evidence. A number of things can go wrong. An experienced Roswell and Alpharetta DUI attorney can help identify when those kinds of mistakes are made. Once identified, the attorney will move the court to dismiss the case or suppress the evidence flowing from any of these violations.
The Test Results Are Not Necessarily Correct
It shouldn't surprise you to learn the test results in DUI cases aren't always accurate. A urine test, for example, may yield a false positive result based on the use of legal prescriptions. The following prescriptions may result in a false positive urine test:
- Naproxen; and
- Some non-prescription nasal inhalers.
Breath tests may fail for any number of reasons. The machines used must be properly maintained for the results to be valid. Failure to ensure routine maintenance of the instruments is one common way the test results may not accurately reflect the actual amount of alcohol in a person's breath.
Blood tests may also be inaccurate. Blood collected for DUI cases cannot be collected in any old blood tube. Instead, a special tube must be used to ensure the integrity of the sample. The storage and handling of the blood sample can also be challenged. When the chain of custody is not established by the government as required, this can result in the suppression of the test result.
When You or a Loved One Faces DUI Charges
When you, or someone you love, faces DUI charges, you shouldn't attempt to represent yourself. Instead, it is best to hire a qualified DUI attorney to represent you in both your criminal and civil cases. A DUI attorney can challenge the test results if, at any stage of the proceedings, there was a failure that could result in a suspect test result.
It must be stated, challenging the accuracy of a breath, blood, or urine sample is not something you learn in law school. Understanding how and when test results can be inaccurate is something you learn only if you choose to learn it. A dedicated Roswell and Alpharetta DUI lawyer will make it his or her business to know how test results fail to accurately reflect one's level of intoxication. We are ready to fight for you. Contact us today at 404-816-4440 to discuss your case.