If you've been arrested for driving under the influence, it is tempting to think that pleading no contest to the charge could earn you some leniency. Unfortunately, with some states having minimum jail time provisions, doing so won't save you from facing severe penalties. In fact, leaving everything to the discretion of the prosecution and the judge could leave you facing a more severe sentence than you deserve. It is for this reason that mounting a reasonable defense is advisable.

Challenging DUI tests is the best path to discrediting the evidence against you simply because most tests administered to support a DUI charge aren't reliable. Here is what you should know.

Challenging field sobriety tests

The prosecution can rely on field sobriety tests to support their case. Fortunately, there are factors that can cast doubt on the reliability of such tests. For example, a police officer can tell you to recite the alphabet in a given order. While this may seem like a reasonable test, it doesn't take into account the possibility of a learning disorder. The stand-on-one-leg test may seem to make sense because it is something that people under the influence can't generally do. However, if you can show that there is a likelihood that the ground you were standing on was unstable, that you have a history of poor coordination, that you were wearing clothes that were restricting your movement, or that there was poor weather, you can reduce the credibility of such a test.

Challenging breathalyzer tests

Breath tests administered by law enforcement can sometimes produce erroneous readings. Therefore, if you can show that there is a reason to doubt the blood alcohol level readings being relied upon by the prosecution, you can weaken the case against you to the point of getting the charge dismissed. If you can show that there is reason to believe that, due to equipment defects or poor maintenance, the device used is showing inaccurate readings, you will be able to discredit the prosecution's case. And since most breathalyzers are usually unable to tell the difference between various types of alcohol, proving that you used an alcohol-based product such as mouthwash could also help your case.

The thing to keep in mind is that since the prosecution is bringing a criminal case against you, they have to prove their case beyond a reasonable doubt. Therefore, any bit of evidence against you that you discredit takes you a step closer to beating the DUI charge. For more information, talk to a criminal law attorney such as Novak Lee Atty At Law.

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