Just because you are alleged to have had a high Blood Alcohol Content does not mean an automatic conviction. Your alleged BAC is simply a measurement – the government must still prove that the result is accurate and reliable. In fact, there are many aspects of your case the Prosecutor must establish before they can secure a conviction.
In my years defending DUI Defense Attorney Las Vegas, I have used a number of different and successful challenges to win cases for my clients. Some of these challenges include:
Prior to the DUI Investigation and Arrest:
- Did the officer have “reasonable grounds” to have stopped you in the first place?
- Did you exhibit signs of impairment that properly elevated the investigation from a routine traffic stop to a suspected DUI?
- Were your constitutional rights respected?
- Were the proper procedures followed throughout the investigation?
- Did “probable cause” exist to arrest you for DUI?
Field Sobriety Tests:
- Were the proper directions explained to you for each test?
- Were the nationally standardized tests administered properly?
- Did you truly fail the tests?
- Did you actually exhibit signs of impairment?
- Did the government obtain whole blood or serum?
- Was the testing equipment calibrated and maintained according to the manufacturer’s instructions?
- Was the blood sample handled according to proper procedures?
- Is there a clear chain of custody for the specimen?
- Was your blood sample (for analysis) prepared properly?
- Was the documentation completed properly?
- Are there contamination issues?
- Are there fermentation issues?
- Do you suffer from medical conditions that would impact the reliability of the test?
- Was the test preformed correctly?
- Were the calculations done right?
- Was the testing equipment accurately calibrated and maintained?
- Were the proper procedures followed?
- Did the officer adhere to the observation period?
- Are there any health or foreign factors which could have artificially inflated the test result?
- Was “mouth alcohol” a factor?
- Are all the averages (partition ratio) the machine is programmed to follow applicable to you individually?
- Do you have respiratory conditions (asthma) that would render your test invalid?
- Was there any radio frequency interference or ambient air problems?
The foregoing list of potential defenses are not exhaustive. It is important for you to hire an attorney that is a qualified and highly trained DUI attorney. Your attorney should know the law and science and be able to use their traini