ANN ARBOR, MI - 10/24/2018 — Many people charged with driving under the influence believe the case is impossible to beat. They look at the bad facts of the case and the science they believe is against him. What they don’t know is that there are hundreds of ways to beat a DUI case against you.
The Alcohol Breath Testing Machines
A lot of people hear that their blood alcohol level was tested by a machine that produced a measurement. And they think to themselves that they have no chance to beat the case. But here’s the thing. These machines are not perfect. No machine is perfect. Just think about it for a minute. You use an advanced phone or computer almost every day. How many times has that phone or computer frozen up? How many times have you had to restart your device to get it to work? Or just how many times has technology in your life failed to work the way you wanted it to?
There’s nothing different about these breath testing machines than any other piece of technology. They work just like other machines and technology. And they fail to work just like other machines and technology. We must remember that every time we challenge a DUI case. More importantly, we can use this to our advantage to challenge the technology used against you.
Challenging the Police Officer’s Investigation
In your DUI case, the police officer makes some sort of investigation into whether you were under the influence of alcohol or drugs. This may involve asking you to perform field sobriety tests or having a drug recognition expert evaluate the suspect. Police officers must be held to a high standard in their investigation. Each step must be performed correctly by the officer.
For example, when you performed the standardized field sobriety tests, did the officer provide the tests in the correct way? Meaning were the tests properly explained to you before you did them? Let’s say the way you were asked to perform the test was incorrect. That means the results of that tests would be called into question. Think of it this way. How can the results of a test be correct when the test was performed incorrectly? A challenge to the police officer’s DUI investigation will be made in most cases.
Don’t assume your DUI case is unbeatable. Every DUI case is beatable in some way. Don’t make the mistake of just walking in and simply pleading guilty to your DUI without speaking with an attorney trained in DUI law first.
Sam Bernstein of ArborYpsi Law is a criminal defense attorney in Washtenaw County, MI. Sam can be reached at 734.883.9584 or by e-mail at firstname.lastname@example.org. ArborYpsi Law is located at 4158 Washtenaw Ave., Ann Arbor, MI 48108.
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