You’ve been accused of a DUI (driving under the influence of alcohol), but you’re not so sure the prosecution has a case. Why? Your blood alcohol content wasn’t high enough. You’re not convinced that the test was accurate or that you were actually intoxicated when you were arrested.
The stop was not what you’d ever heard it would be like. When the officer stopped you, they asked you to do field sobriety tests, but they didn’t take a breath sample right away. You spent a long time stopped before they approached your vehicle, and delays getting to the police station and getting booked added up. Did you know that the prosecution must have evidence that your breath or blood sample was taken within three hours of the alleged time when you were driving? If delays took longer than that or only a single breath sample was taken with no confirmation test, then you could have a good defense.
Breath tests are usually pretty accurate, but they do need to be administered correctly — and in a timely fashion. Normally, the test is given more than once, and it has to be given at least 15 minutes after your last drink. There are some substances, like mouthwash containing alcohol, which can cause false positives.
People facing a DUI when their breath samples or blood samples weren’t taken soon enough or correctly have a good reason to question the testing. You deserve the opportunity to defend yourself, particularly when you aren’t convinced that you did anything wrong. While it’s always wiser to choose not to drink and drive, a single mistake shouldn’t be allowed to ruin your life. Talk to an experienced attorney about your situation and get help protecting your rights.