August 28, 2013 /24-7PressRelease/
-- Many Missouri residents who have been charged with a DUI may feel that the tests which were administered to determine whether they'd been driving under the influence were unfair or inaccurate. In some cases, breath tests or field sobriety tests
have resulted in police determining a person is more intoxicated than he or she actually is, while at other times, tests determined a false positive. No matter the reason, if a person feels a sobriety test resulted in unjust DUI charges, he or she has the legal right to challenge the charges.
The consequences of a DUI
According to The Century Council, nearly 30,000 Missouri drivers were arrested for DUI in 2012. Those who were found guilty of driving under the influence may have faced up to six months in jail and a $500 fine, along with losing their driver's license for at least a month. Those with DUI convictions may also have to pay additional fees to reinstate their driver's license, as well as pay extra for insurance. On top of those difficulties is the permanent record of a DUI conviction.
Inaccurate sobriety tests can result in false positives
For those who may have been given a faulty sobriety test, these challenges can be especially irritating. ABC Action News reported that many sober people could potentially have challenges with field sobriety tests: the type where drivers are asked to balance on one leg, or walk with one foot in front of the other while holding their arms out to the sides. In fact, one 60-year-old woman challenged her DUI charge because she had trouble balancing while performing the test barefoot, since her weight was painful for her feet and she'd taken off her shoes while driving, according to The Daily Progress. People who have health problems due to weight or age may find these types of field sobriety tests difficult to pass.
However, even breathalyzer tests can be inaccurate. The Herald Tribune reported breath test machines in Florida that had been incorrectly calibrated and may have resulted in thousands of drivers with wrongful DUI charges, after an unusually high amount of tests showed blood alcohol levels three times the legal limit, as well as breath volumes impossible for human lungs to blow.
Contacting an attorney
Nobody should face unfair charges for driving under the influence. Those who feel they received an inaccurate breath test or field sobriety test should contact an experienced drunk driving defense attorney. If it can be shown that the tests were conducted unfairly or in error, an attorney may be able to get some charges reduced or dropped, which can prevent a person from fines, a criminal record and even jail time.