DUI is the most common case in every country and is also taken no matter very seriously if any damage has been caused by it or not. It is very risky not only other people but also for the ones who are doing it.
There are different kinds of DUI defenses that work in the court. Understanding the different defences which can save one from this case are very complex and require years of education, experience, and training actually to challenge such a complex case. One must have complete knowledge about the drugs; it’s working on the human body and then it all the effects on it. Understanding the chemicals and its reactions on the body are one of the most important things in this.
An attorney needs to have a working knowledge of biology, chemistry, physics maths and physiology to completely the understand the case and all its aspects before making any move and to confirm that the tests and its results were all reliable and accurate.
Just the science isn’t enough; an attorney must understand all the procedures and administration of all the breathing and blood tests involved in this case and understand the protocols for the determination of the results. If the officer doesn’t take proper samples or fails to follow all the procedures involved in it, the results might be then challenged.
Field Sobriety Testing is one of the main tests in which the officers often make mistakes and do not evaluate the person properly; if the attorney is experienced enough and comes to know about one mistake made by the officer at any point, he can then challenge the results and can prove the victim innocent.
It is a fact that women’s body reacts differently to the alcohol than men’s and their tests can be different and if the right tests are not performed, the results can be different from the real results.
Not only the gender difference but also there are a lot of other differences among different people which can make them react differently to these tests and affect their results.
A body takes around 30 to 120 minutes to absorb all the alcohol in your body completely, and before that, the tests can be negative. The alcohol then stays in your body after that, and before this duration, a person’s ability to drive or think are not affected.
If the samples are taken after you’ve stopped driving, there are higher chances that the blood still has alcohol traces while you were sober at the time of driving. This is called “Rising Blood Alcohol Defence.”
There are many ways to challenge the tests taken and their results. Some of them are enlisted below:
DUI and Women
Women absorb alcohol faster than men as they have more of the fat tissues and fewer water molecules in their bodies as compares to men’s and these are not easily penetrated by alcohol.
It affects them more when compared to a male body as less of it is converted into acetate and most of it gets absorbed into the cells, both inner and outer.
A normal breath test analyzer cannot identify if a woman is under the influence of alcohol or not as those analyzers were made to test the lungs of a normal human male. And as the system works differently for women and men, those testers cannot properly identify the alcohol level in a woman. The Breathalyzer reads at a high rate and does not show proper results when it is being used on a woman. Officers are trained mainly for men, and they all lack experience when it comes to testing women and their alcohols levels. Even an officer who has many arrests under his belt would still lack what it needs to test a woman.
Field tests do not work properly on women either. These were also designed mainly for men and to test if they are under any influence or not and they can not accurately identify if a woman is under any or not.
The Walk and Turn Field Sobriety Test is the same for both men and women, but the results are different as the body of a woman is different too as of a male, and their gestures are too.
A woman who has gone through childbirth had one too many physiological changes. Her hips got wider, and a lot of things in her body changed which often makes it difficult for women after childbirth to walking in heels or on their toes. The alcohol tests require these types of tests too, and it has been proven many times in the court that a woman can have issue sin walking on her toes and reacting differently on all these physiological tests even if she is not under the influence of any alcohol.
All these can help a woman to challenge her results in court and get rid of the case without any jail or fine.
Challenging Blood Tests
The blood tests can be challenged if you don’t feel like they took the right samples or if you feel like they violated some other rules or laws. An attorney would then go through all your samples and results and challenge those results for you.
A retest of your blood samples can be performed independently at other labs. They take the same sample of your blood which was taken at the time of the incident and first check if the container in which the sample was taken had any previous traces of anything. The next thing they look for is other elements which are present in blood which could false indicate the alcohol while there is none and finally see if the percent of the alcohol which was given in the lab results was accurate or not. Most of the time the lab results show more percent of alcohol than there is. If this doesn’t save you from the punishment, it can at least decrease it.
Drawing blood out of the body after the refusal and forcefully can also result in one strong point in your favor. You can claim your dutiful rights, and the attorneys can then see if the blood was drawn out of you lawfully or not and if not, the case can then again take a turn as it is not allowed to inject a pin in you and take your blood without your permission and violates many laws.
If the blood was drawn unlawfully or wasn’t drawn within the 3 hours of consumption or was mishandled, you can claim the results to be wrong and easily stop the prosecutor from even submitting the results in the court.
A lot of people think that after the results have been taken and tests have been presented there is nothing that can be done. They are wrong as there are a lot of ways to challenge these results and get your way with the case.
It is important that you were arrested properly and lawfully. There are a lot of officers who make arrest warrants without properly judging you and take your blood samples unlawfully. Another consequence can be that they misdirect you on how to perform the field sobriety tests or misjudge you based on them. If your arrest was unlawful, or the officer arrested you without any proper evidence, there is a high chance that your whole case would just get closed and there would be then no consequences of it after.
For this, it is important for the attorney to go through all the video and audio clips thoroughly and read the warrant carefully. If any of the mistakes are found in issuing the warrant, video or the audio clips, your whole case could just end, and you would win it.
It is important for the arresting officer to give you an option whether you want to go for the breathing test or the blood test. If you were not given an option and the blood was drawn out of you without your proper consent, it violates your rights and can be a strong point in your favor. Some of the cases might require both blood and breathing test if the person seems to be under the influence of both, drugs and alcohol. Even in rare cases, if you are under some medication or have a situation, you might even be asked for a urine test, but that happens very rarely.
There might be times where officers start recommending the blood tests as they are more reliable and their results are more accurate but if at any point, they try forcing you, you can tell your Orange County DUI Lawyer about it, and this can turn the case as the human rights violation is not allowed under any cases.
There are a lot of attorneys out there who claim to be the best in these cases but these are somehow a lot of sensitive cases, and If not handled with care, they can always turn against you.
The best attorneys in California
Some of the best attorneys in California are:
- Law Offices of Justin E. Sterling
Law Offices of Justin E. Sterling
Encino Office | Main Office
15760 Ventura Blvd., Suite 700
Encino, California 91436
p. (818) 995-9452
f. (818) 824-3533
“ORANGE COUNTY DUI ATTORNEY
4000 MacArthur Blvd
East Tower Suite #602
Newport Beach, CA 92660