There are a number of tests used to determine blood alcohol content or whether a person has been driving under the influence. The tests are used to determine probable cause for pulling you over and as substantive evidence of your DWI/DUI/OWI offense.
We know that the tests are not always administered properly and that they can lead to erroneous charges. Our attorneys will closely evaluate your case and determine whether your test was properly administered. You may be able to have your case dismissed if there was no probable cause to pull you over, or if there is insufficient evidence for your offense.
Contact The Traffic Lawyers of Kopecky Law, P.A. for a free consultation. We would gladly assist you with a defense regarding any of the following DUI/DWI/OWI testing procedures:
- DUI blood test
- Field sobriety test
- Breathalyzer
Field Sobriety Tests
Field sobriety tests help officers determine probable cause to force a driver to take a blood test. Field sobriety tests are not admissible in Kansas as evidence of driving under the influence, and cannot be used for a conviction. In Missouri and Iowa the tests are admissible as evidence of guilt.
Field sobriety tests include:
- Horizontal gaze nystagmus- HGN test (eye test): officer will use a pen or object to try to determine whether the driver's eyes follow smoothly.
- Walk and turn: officer will order driver to take 10 or 12 steps and turn around. This is to determine if the driver can walk a straight line. Officers will watch to see if the driver can walk heel to toe and will watch for balance or lack of motor skills.
- One leg stand: Officer will order driver to stand on one leg and count to 30.
Our attorneys know that there is a possibility that officers did not accurately interpret these tests or that a field test was not administered properly. We will listen to audio and video tapes to prepare the evidence on your behalf. Improper instructions can make the tape or test potentially inadmissible against the accused.
Breath Tests
Breath tests are sophisticated instruments used to determine the blood alcohol level of a driver suspected of being intoxicated. A preliminary breath test (PBT) will be administered at the stop. The preliminary test is less reliable, but if it is failed, it provides probable cause for an officer to take a driver to the station.
At the station, a more accurate test will be administered. Often this is the Intoxylizer 5000 or a newer machine with more accurate results. In most states this test can be used to prove that you were, in fact, driving under the influence.
Blood test
A DUI blood test is the most accurate and forceful test in court. If you have been accused of DUI, you may have been taken to a hospital or clinic for a blood test.
If someone takes both a breathalyzer and a blood test, you have to combat the evidence of both tests. Our attorneys can help prepare a case if you have tested over .08 on a blood test or a breathalyzer. Some states have strict liability statutes that will automatically punish you if a test determines your blood alcohol is above .08, even before charges are filed.
If you refuse to take any of the tests, the officers will seek to prove on other grounds that you were intoxicated. The court will look at other evidence such as how you were driving, witness reports, or reaction times based on impressions of the officer.
Our attorneys are experienced at taking a serious look at how these tests were administered to prepare you a defense in your case. You may have been unlawfully pulled over or there may not be enough evidence to prove that you were driving under the influence.
For a free consultation regarding your field test, breathalyzer, or blood test, contact The Traffic Lawyers of Kopecky Law, P.A.
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