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The penalties for DUI are quite serious in Indiana. Yet the police and prosecutors are required to prove their case beyond a reasonable doubt. This means collecting scientifically valid evidence at the scene and ensuring the tests used to confirm that you are over the legal limit have been performed correctly and accurately.
If you have been charged with DUI, the Allen County DUI attorneys at the Bellinger Law Office can force the prosecution to prove their case beyond a reasonable doubt. If they cannot, we can get the charges dropped, dismissed, or get a not-guilty verdict at trial.
There are three field sobriety tests that are authorized by the National Highway Traffic Safety Administration (NHTSA). Those are:
Time and again, these tests have been shown to produce false positives, which is fine if you are a district attorney, and you want to generate money for your district. The problem is that there is no scientific basis for assuming drunkenness based on any of these tests. In fact, they are designed to fail.
In cases in which field sobriety tests are the only evidence presented in court, a good Allen County DUI attorney can ensure that you are not convicted on baseless tests.
Breathalyzer tests do not produce conclusive evidence of drunkenness. At best, they give a basic estimation of how much alcohol is on a person’s breath. Common reasons for false positives include:
There is only one way to know for sure what someone’s blood alcohol concentration is. Unsurprisingly, it is by testing their blood. However, the test must be performed correctly. Blood samples must be kept refrigerated to avoid the blood from fermenting. The correct amount of blood must be taken. Then the alcohol is burned off, and a measurement is taken.
If you have been pulled over and charged with DUI, you need an attorney who understands both the law and the science behind alcohol testing. Call the Robert Bellinger Law Office today and talk to an Allen County DUI attorney.
- on October 13, 2020
- on September 29, 2020
- on September 15, 2020
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