In the realm of DUI defense, proving sobriety when faced with charges is a daunting yet critical task. These charges often stem from the presumption of impaired driving due to alcohol or drugs. This blog explores the complexities involved in demonstrating your sobriety and navigating the challenges that arise during this process.
A DUI charge goes beyond just the blood alcohol concentration (BAC) levels. It’s the perceived impairment of driving abilities that often takes center stage. Various factors, such as erratic driving, non-compliance with traffic laws, or certain physical signs, might be cited as proof of impairment. However, the interpretation of these signs can be highly subjective. For example, poor performance on a field sobriety test might be due to an existing medical condition rather than substance influence.
The Attorney’s DUI Defense Impact
Securing legal representation is paramount when attempting to prove non-impairment. An attorney can counter the prosecution’s narrative, presenting evidence that disputes the claims of alleged impairment. Here are 5 actions a seasoned DUI Attorney may take:
- Scrutinize the arresting officer’s report: By meticulously reviewing the report, an attorney can identify inconsistencies or subjective judgments that might be leveraged in your favor.
– Example: During a routine traffic stop, Officer Smith noted that Jane appeared “drowsy and disoriented.” However, upon reviewing the report, Jane’s attorney found that the officer failed to mention that the stop occurred at 2 am after Jane had just finished a 12-hour work shift. The attorney could argue that Jane’s appearance was due to fatigue from her long workday, not impairment from alcohol or drugs.
- Present witnesses: Witnesses can vouch for your sobriety and proper driving behavior, providing a firsthand account that contradicts the officer’s claims.
– Example: After being pulled over for allegedly swerving, John was arrested for DUI. However, his friend Mike, who was following him in another car, observed no such behavior. Mike can be presented as a witness to testify that John’s driving was consistent and showed no signs of impairment.
- Challenge field sobriety test results: Field sobriety tests are not infallible. External factors, such as medical conditions, fatigue, or nervousness, can influence the outcome. An attorney can question the validity of these tests, especially if they believe external factors played a role.
– Example: Sarah, who has a history of knee problems, was asked to perform a one-leg stand during a field sobriety test. She struggled to maintain balance. Her attorney could challenge the test results by presenting medical records that highlight her knee issues, arguing that her difficulty was due to her medical condition, not alcohol impairment.
- Utilize video evidence: Traffic cameras, dash cams, or even surveillance footage can be instrumental in showing consistent, unimpaired driving behavior. Such evidence can directly counter claims of erratic driving.
– Example: Carlos was arrested for DUI after an officer claimed he was driving erratically. However, footage from a nearby traffic camera showed Carlos driving within his lane and obeying all traffic signals. His attorney can use this footage to counter the officer’s claims and demonstrate that Carlos was driving responsibly.
- Highlight medical conditions or medications: Certain medical conditions or medications can mimic signs of impairment. By presenting medical records or expert testimonies, an attorney can demonstrate that observed symptoms were unrelated to alcohol or drug consumption.
– Example: Lisa was arrested for DUI after an officer observed her slurred speech and slow reactions. However, Lisa had recently started a new medication that had these side effects. Her attorney could present the prescription details and potential side effects as evidence, arguing that Lisa’s behavior was a result of her medication, not alcohol or drug consumption.
Why Proving Sobriety is Important: DUI Defense Highlights
Field Sobriety Tests and Cannabis:
A 2023 UCSD study in JAMA Psychiatry looked into how well field sobriety tests catch cannabis-impaired drivers. The study found these tests don’t always accurately detect impairment from cannabis. This points to a need for better methods in DUI cases involving cannabis.
Research in Clinical Chemistry explored combining drug tests with sobriety tests to spot cannabis impairment. The results show that sobriety tests alone might miss signs of cannabis use. It suggests using more advanced drug tests for a clearer picture of DUI cases.
Challenging Field Sobriety Tests:
Field Sobriety Tests (FSTs) are being questioned in court for their accuracy in showing impairment. Lawyers say that passing these tests might not mean a person is impaired, pointing out issues like the subjective scoring by police. This debate calls for more reliable and scientific methods to test for impairment, especially with more substances like cannabis becoming legal.
As drug laws change, there’s a push to update FSTs to be more accurate. Studies show these tests might not work the same for all substances, which could lead to unfair DUI charges. This challenge stresses the need for updated legal standards that use the latest science to make DUI tests fairer.
DUI Arrests and the Horizontal Gaze Nystagmus Test:
Police often use the Horizontal Gaze Nystagmus (HGN) Test to check for impairment, but it’s facing criticism for its accuracy. A study in the Journal of Forensic Sciences points out that factors like age and surroundings can change the test’s results, making it unreliable in court. This makes some lawyers question its use as solid proof in DUI cases.
Legal experts also question the science behind the HGN Test and how well officers are trained to use it. An article from Arizona DUI Defense explores the test’s role in DUI cases and its limits. Many defense lawyers argue that the test’s flaws could lead to unfair DUI charges, sparking a debate on the fairness of field sobriety tests like the HGN.
Take Control of Your DUI Defense: Contact Saros Law APC:
While DUI charges can be daunting, proving sobriety is not an impossible challenge. With the right legal representation, evidence, and strategy, it’s possible to counter claims of impairment and secure a favorable outcome.
If you believe your DUI charge doesn’t reflect the reality of your driving behavior, it’s time to seek expert legal counsel. At Saros Law APC, we’re committed to ensuring your story is heard. Don’t let subjective judgments determine your future. Contact us today at 310-341-3466 and let’s challenge the narrative together.
