You don't need to fail a field sobriety test or have a measurable blood alcohol level that is over the legal limit to be arrested under suspicion of driving while impaired. People can be arrested for DUI just because there is a strong odor of alcohol on their breath.
An officer of the law needs only circumstantial evidence to arrest a driver who is suspected of drinking and driving; but you can still be exonerated and end up with no convictions on your criminal record if the evidence didn't prove you were doing anything wrong. In these cases, it is best to hire a DUI attorney before arraignment to fully prepare for making a case supported by facts that show you were not under the influence of alcohol at the time of your arrest.
What Field Sobriety Test Results Can Prove
If a police officer thinks that you may be under the influence of alcohol and you have been pulled over because of erratic driving or a moving violation, the opportunity to complete a field sobriety test might be given. Although field sobriety tests can give officers of the law a better idea of whether a driver suspected of DUI is under the influence, they can be discredited by a trained DUI attorney.
Those accused of DUI may not be able to sufficiently perform field sobriety tests because of physical injuries and impairments, or in instances when they don't fully understand verbal instructions. Field sobriety tests are often failed by people under the influence of alcohol, but they can't be presented as the only piece of evidence in court when prosecuting DUI charges.
Are Breathalyzer Tests Ever Inaccurate?
When alcohol is metabolized, it enters the blood stream and can be measured via a breathalyzer test. While someone who is suspected of a DUI offense may produce a positive breathalyzer result, false positives can also be produced. Your DUI attorney might be able to prove that your breathalyzer test reading was inaccurate, thus making the results inadmissible in court.
Why Having an Open Alcohol Container in Your Vehicle is Enough for a DUI Arrest
If you were pulled over with an open container of alcohol in your vehicle, you can be arrested without any further proof that you were driving while intoxicated. Remember that having open containers in the back seat or other ares of your car that cannot easily be accessed while driving is still illegal. With the assistance of a DUI attorney, you may be able to avoid a DUI conviction if you can show that you made a one-time bad judgement and that you were not actually impaired while driving.Share