Examining Field Sobriety & Chemical Tests

A Stockton DUI defense attorney plays a crucial role in examining Field Sobriety Tests (FSTs) and Chemical Tests to challenge the prosecution’s evidence and build a strong defense. Here’s how they help:

1. Challenging Field Sobriety Tests (FSTs)

Field Sobriety Tests are subjective and prone to errors. A DUI attorney may argue:

• Improper Administration: The officer did not follow the National Highway Traffic Safety Administration (NHTSA) guidelines.
• Medical Conditions & Physical Limitations: Disabilities, injuries, or even fatigue can affect performance.
• Environmental Factors: Poor lighting, uneven surfaces, or inclement weather could impact test results.
• Officer Bias & Subjectivity: FSTs rely on an officer’s interpretation, which may not be accurate.

2. Scrutinizing Breathalyzer & Blood Tests

• Improper Calibration: The breathalyzer must be regularly calibrated; an attorney can check maintenance records.
• Medical Conditions Affecting Results: Acid reflux, diabetes, and even some diets can produce false positives.
• Violation of Testing Protocols: If the officer failed to observe the driver for 15 minutes before the test, the results could be invalid.
• Blood Sample Handling: Errors in storage, contamination, or delays in processing can compromise accuracy.

3. Investigating Police Procedures

• Lack of Probable Cause: If the traffic stop was unjustified, any evidence obtained (including test results) may be inadmissible.
• Miranda Rights Violation: If the officer failed to inform the driver of their rights, statements made may not be used in court.

4. Identifying Alternative Explanations

A skilled defense attorney may present alternative reasons for test results, such as:

• Anxiety or nervousness affecting FST performance.
• Residual mouth alcohol skewing breath test results.
• Medical conditions or medications influencing chemical test readings.

By dissecting every aspect of the DUI arrest, a Stockton DUI defense attorney can work to suppress unreliable evidence, negotiate plea deals, or even get the charges dismissed.