Proof of Intoxication

Proof of Intoxication

Driving Under the Influence (DUI) charges are no joke. Getting arrested can lead to heavy fines, license suspension, and even jail time. But just because the cops pulled you over and gave you a breathalyzer doesn’t mean you’re definitely guilty. There are ways to fight a DUI charge and get it reduced or even dismissed. Let’s break down what proof of intoxication is, how cops try to get it, and some ways your lawyer can challenge it in court.

What Counts as Proof of Intoxication?

The legal limit for blood alcohol content (BAC) in most states is 0.08%. So if the cops can prove your BAC was at or above 0.08% at the time of driving, that’s solid proof of intoxication right there. Field sobriety tests are another common way cops try to show proof of intoxication. They’ll have you walk a straight line, recite the alphabet, stand on one leg, etc. And they’ll look for signs of impairment like slurred speech, bloodshot eyes, and the smell of alcohol on your breath.

But the real kickers are the breathalyzer and blood test. Chemical tests that directly measure your BAC are hard evidence for the prosecution. Still, there are plenty of ways for your DUI lawyer to fight back against even rock solid test results, which we’ll get into.

Questioning the Stop

Before we even get to proof of intoxication, your lawyer can argue the traffic stop itself was unlawful. If the cops didn’t have proper cause to pull you over in the first place, then any evidence they gathered after that point could be inadmissible in court.

For example, let’s say the officer claims you were “swerving all over the road.” But if there’s dashcam footage showing you driving normally, your lawyer can argue the real reason you were profiled and pulled over was an expired registration tag or something minor like that. That would make the whole DUI investigation invalid from the start.

Challenging Field Sobriety Tests

Field sobriety tests (FSTs) are notoriously unreliable. They’re based on the officer’s subjective judgement of your balance, coordination, and ability to follow instructions. Studies show FSTs have error rates of 20-30%. Meaning up to 1 in 3 completely sober people will still fail them!

Why is that? Well for one, they’re designed to be difficult. Reciting the alphabet backwards or standing on one foot for 30 seconds is hard for anyone, drunk or sober. Second, nerves and anxiety from being pulled over can mimic signs of impairment. And if you have any legitimate medical conditions like a bad knee or inner ear problem, forget about passing a FST.

A good DUI lawyer will scrutinize the officer’s administration of the tests too. If they didn’t follow standard procedures, made you do added tests, or scored you unfairly, your lawyer can call the results into question. Don’t let a clumsy performance on some silly gym class tests condemn you.

Picking Apart the Breathalyzer

Breathalyzers seem like an air-tight, scientific way to measure BAC. But they’re not perfect either. Breathalyzers use infrared light to estimate the amount of alcohol in your breath, then calculate your estimated BAC from that. Seems simple enough. But there are several ways those results could be inaccurate:

• Improper calibration – Breathalyzers need frequent, meticulous calibration to give accurate readings. If the machine was out of tune, it could generate an inflated BAC.
• Mouth alcohol – Burping, vomiting, or even using mouthwash too soon before the test can put extra alcohol in your mouth that will skew results.
• Medical conditions – Diabetes and acid reflux can produce false highs. Breathalyzers mistake acetone in diabetics’ breath for alcohol.
• Radio frequency interference – Nearby radio waves (from police radios, cell phones, etc) can disrupt breathalyzer accuracy.
• Operator error – Cops need to closely watch the testing and timing. Small mistakes in procedure can affect results.
• Testing during the absorption phase – It takes time for consumed alcohol to fully enter your bloodstream. If tested too soon, your BAC will still be rising and give a falsely high reading.

A good DUI attorney will vigorously examine the machine’s maintenance records, the officer’s certification, timing of the test, and other factors. If there’s any doubt about the reliability of the results, they can possibly get breathalyzer evidence thrown out entirely or at least call it into question.

Blood Tests – Are They Unbeatable?

Unlike breathalyzers, blood tests directly measure the amount of alcohol in your blood rather than estimating it from your breath. This makes BAC results from blood draws seem ironclad. Many regard them as the gold standard for proving intoxication. But blood tests have vulnerabilities too that a knowledgeable lawyer can exploit:

• Testing delays – Blood alcohol levels are constantly dropping as the liver metabolizes alcohol. The longer the delay between driving and the blood draw, the more your BAC will have decreased, giving a falsely low number.
• Contamination – Alcohol swabs, collection vials with traces of alcohol, or other contaminants could taint the sample and inflate the results.
• Chain of custody – Strict protocols must be followed when handling and testing the blood sample. Any breaches could compromise the integrity.
• Medical conditions – As with breathalyzers, conditions like diabetes and high ketone levels could generate false positives.

An expert DUI attorney will dig deep into every step of the blood testing process looking for procedural flaws. It’s still an uphill battle fighting blood test results, for sure. But it’s possible to at least cast some doubt on the accuracy of the numbers.

Other Defenses – The “Rising Blood Alcohol” Argument

Because it takes time for consumed alcohol to fully enter your bloodstream, your BAC continues rising for 30-90 minutes after your last drink. This means it’s possible to be under the legal limit while driving but blow over the limit on a test taken an hour later at the police station.

This is called the “rising blood alcohol” or “absorption phase” defense. A DUI lawyer may argue that based on the timing of your last drink, food intake, gender, weight and other factors, your BAC was likely still on the way up at the time of driving. So even if you tested at say 0.10% later on, you may have actually been only 0.06% while behind the wheel.

This can be an effective argument, but it requires expert testimony to back it up. A toxicologist or forensic chemist can use the science of alcohol absorption rates to prove your BAC was below the legal limit when it really mattered – at the time of driving.

Act Quickly to Preserve Evidence!

The best way to challenge chemical test results is to get an independent blood test right away. In many states, you have the right to get a 2nd blood draw at your own expense, at the time of arrest or very soon after. A reputable lab can then analyze it and hopefully generate a lower BAC number than the police’s tests.

But you only have a very narrow window to exercise this right, often just a couple hours. So that’s why it’s so important to call a knowledgeable DUI lawyer right away after an arrest. They can advise you on your state’s laws and send someone to the station to arrange the independent blood test before it’s too late.

Don’t just plead guilty and take your medicine if you get a DUI. As you can see, there are numerous ways to contest intoxication evidence. But you need an experienced DUI trial lawyer fighting in your corner. They have the expertise to uncover every weakness and inconsistency that could create reasonable doubt about your guilt.

With sharp legal representation, many DUIs can be reduced to reckless driving or wet reckless charges, lessening the penalties. Even if the case can’t be dismissed entirely, often your lawyer can negotiate a better outcome like reduced fines, probation instead of jail time, or getting a suspension lifted.

Don’t just throw in the towel and accept a DUI conviction that will haunt your record for years. Make the cops and prosecutor prove their case. There’s a good chance your lawyer can get the charges significantly reduced or even dismissed by challenging the supposed “proof” of intoxication. With so much at stake, it’s worth fighting.