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Challenging DUI Evidence


Even if you have been formally charged with DUI, you should know that this does not equal a conviction. The results of a chemical test or field sobriety test can be flawed at multiple points of their execution, which if brought to light can invalidate their results. An experienced Columbia criminal attorney can highlight the inconsistencies and inaccuracies of any test in your defense.

Blood, Breath, & Field Sobriety Tests

Blood tests can be taken at the police station if you choose this method of chemical testing to determine your blood alcohol content. If the blood sample is handled improperly or stored incorrectly, the sample may become contaminated. Your blood sample will be handled by many people between the police station and the lab which increases the chances of someone mishandling it. You have a good chance of being acquitted if it can be shown that your blood sample was not handled correctly.

Breath tests can certainly be unreliable. They are machines which must be calibrated every so often. If you have a diabetic condition, have braces, just smoked a cigarette, or chewed smokeless tobacco before taking the test, it may give a false reading.

A field sobriety test will consist of either the horizontal gaze nystagmus, walk and turn, or one legged stand test. These are the officer's weakest test and are entirely subjective. The walk and turn test, for example, can play on your anxiety at being pulled over or can factor in any imperfect conditions of the patch of road you are walking on. Any slip caused by loose gravel or water can throw you off balance and give the officer the "proof" they were looking for.

If such factors were at play while taking your field sobriety test or if the officer failed to fully explain and demonstrate each test, the results of the test could be deemed inadmissible in court and your charges could be dropped. A Columbia criminal attorney can keep you informed of your rights and fight against any alleged evidence of your intoxication in court.

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