October 29, 2013 /24-7PressRelease/
-- Field and breath sobriety tests can be inaccurate
If someone is arrested for a suspected DUI in Nebraska, he or she has the right to contest the charges, especially if the charges may be erroneous. There are strong penalties
against drunk driving in our state, but someone who is wrongfully charged for a DUI shouldn't have to face these penalties.
The Century Council reports that in 2011, there were 12,005 drunk driving arrests in Nebraska. Out of these, at least a few would rightfully be able to contest the charges, based on recent studies on the accuracy of some sobriety tests.
According to ABC Action News, many field sobriety tests are unfair to some people with certain health issues. These common tests, which involve standing on one leg for at least 30 seconds and walking in a straight line with arms out to the sides, can be difficult for sober people to perform -- especially if they're older citizens, have difficulty balancing or are overweight. In fact, The Daily Progress said one woman disputed her DUI charge because she was overweight and had taken off her shoes to relieve her foot pain, and she claimed she was unable to perform the field sobriety test correctly.
The Herald Tribune says that not all breath machine tests can be trusted. Recently, several breath test machines in Florida were found to have been incorrectly calibrated, and may have resulted in thousands of people being wrongfully arrested on DUI charges. The machines reportedly showed an unusual amount of results with blood alcohol levels three times the legal limit, and breath volumes that were impossible for humans to blow. The Poison Review also reported on a study that showed hand sanitizer could affect the accuracy of breath machines, resulting in false positives for completely sober people.
Good reasons to contest a charge
A DUI conviction is costly in Nebraska, and can affect a person's record for years. According to DMV.org, the penalties for a first offense include:
-License revocation for six months.
-A fine of $400 to $500.
-Up to 30 days in jail.
Other charges can also result from a DUI conviction, which makes it well worth contesting if the person accused of drunk driving believes the sobriety tests
Contacting an attorney
Nobody should have to bear the costly penalties of a DUI if the arrest was undeserved. If you believe your breath test or field sobriety test was inaccurate, it's important to contact an experienced drunk driving defense attorney right away. If the court determines the tests were faulty, your charges can be lessened or dropped.
Article provided by Omaha DUI lawyer
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