October 11, 2013 /24-7PressRelease/
-- Many people won't dispute a sobriety test, even if they feel the test was unfair or inaccurate. Law enforcement can be intimidating, or they may feel that a judge will consider the test results over their own accounting of what happened at the time of the arrest. However, some tests have resulted in a false positive, or in police determining that a person was more intoxicated than he or she actually was. Anyone has the legal right to challenge charges in court and to have his or her case heard fairly.
The penalties of a DUI in Massachusetts
The Century Council notes that there were nearly 10,000 arrests for driving under the influence in Massachusetts in 2011. The laws
against operating under the influence are strict in our state. According to DMV.org, a first offense will cause a driver to lose his or her license for one year, as well as face a fine of $500 to $5,000 and jail time of up to two and a half years. Additional penalties can also be involved, such as participation in an alcohol education program and installing an ignition interlock device. All of these penalties are costly and can affect a person for years. If a conviction is the result of an unfair sobriety test, it's well worth it to contest the charges.
Sobriety tests are sometimes unreliable
According to ABC Action News, field sobriety tests can be challenging even for sober people. The tests, which include balancing on one leg and walking with one foot in front of the other while holding the arms out, can be difficult for people with balance issues or health problems. Older drivers may fail the test simply for not being able to understand or perform the actions asked of them.
Even breath machine tests can be faulty. The Herald Tribune says that breath test machines in Florida might have resulted in thousands of wrongful false positives, after tests on the machines revealed incorrect calibrations. Tests performed with these machines resulted in breath volumes that were impossible for human lungs, as well as an unusually high amount of results that showed blood alcohol levels three times the legal limit.
Also, a study reported by The Poison Review showed that hand sanitizer can produce false positives when used near breath machines. These results could potentially show a sober person is driving above the legal limit.
Contacting an attorney
A drunk driving conviction will affect a person legally and financially for years. It's unfair for a faulty field sobriety
or breath test to result in a false conviction. It's important to contact an experience drunk driving defense attorney to contest the charges. If it can be shown that the tests were in error, it may be possible to get the charges lessened or dropped.
Article provided by LoConto & Madaio, P.C.
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