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Receiving a DUI charge can be a confusing and upsetting process. The police use roadside sobriety tests that you are supposed to pass while you are nervous, breathalyzer tests that are based on shaky science, and blood tests that must be performed exactly right to be accurate. The penalties for being convicted are stiff and will stay with you for years afterward. However, there is something you can do to ensure a result that you can live with. Call a Fort Wayne DUI defense attorney today and force the state to prove its case beyond a reasonable doubt.
Roadside sobriety tests come in a number of varieties. The only ones that are sanctioned by the National Highway Traffic Safety Administration (NHTSA) are the one-legged stand, the walk-and-turn, and the horizontal gaze nystagmus. Of those, the only one with any merit is the horizontal gaze nystagmus, and this test is known to give several false positives. The other two are comically ineffective and meant to test your ability to follow instructions and keep your balance while robbing you of the most effective means of doing so (looking at the horizon and using your arms).
Breathalyzer tests can show that there is alcohol on your breath. If you are a 110-lb woman or a 375-lb man, you can blow the same supposed BAC after drinking the same amount of drinks. That does not mean that the 375 lb. man is drunk or over the legal limit.
These tests also have solutions that must be mixed correctly in order to give accurate results. So in some cases, the breathalyzers will give false positives and, in all cases, they cannot account for a person’s weight.
The only scientifically valid way to measure blood alcohol content is with a blood test. This makes sense because it is a measure of blood alcohol content, so the right way to do that would be to test the blood. In order for the test to be valid, however, officials must take the exact right amount of blood. If they take too little, then the sample tested will result in an inflated BAC. They must also store the sample correctly. Failure to do so will result in the sample fermenting and that will result in an inflated BAC.
If you have been told you failed a roadside sobriety test, a breathalyzer, or a blood test, that does not mean you actually have. You need a Fort Wayne DUI defense attorney. The penalties for DUI in Indiana are harsh. This is especially true if someone else has been killed or injured. The Bellinger Law Office can help you fight these charges by casting doubt on the pseudo-scientific ways in which alcohol content is tested. Talk to us today.
- on July 28, 2020
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