If these seem like a strange situation, know that you are not alone. Police will often issue both a field sobriety test and a breathalyzer test. They can use either to make an arrest, but the results of each test can impact your case.
A DUI lawyer in Indiana can help you better understand what options are still available depending on the results of each of these tests. You will need help defending yourself against any DUI charge regardless of these tests results.
If you would like to know more information about if a DUI attorney can help you beat a breathalyzer test, view this page.
Arrest for Either Sobriety or Breathalyzer Test Failure
To mark the difference between the two tests, the breathalyzer is a preliminary tool to assess a personal BAC, or blood alcohol content. A field sobriety test only evaluates the person’s impairment level.
The two different functions of these tests often lead to someone passing a sobriety test but failing a breathalyzer. Unfortunately, in Indiana, cops can make a DUI arrest and begin charges for either, or.
Essentially if you fail the field sobriety test, you can be arrested for a DUI. Additionally, if you fail a breathalyzer, it’s likely that you will face arrest. Passing one test does not cancel out the results of the other.
Fighting Back
For responsible drivers, this is extremely frustrating. You may be able to function completely, and be safe on the road but still be charged with a DUI. A field sobriety test is meant to examine all the aspects of focus and interaction that take place while driving.
A field sobriety test will often include focusing on a moving object, estimating time such as counting to 10 silently, and your ability to balance. Passing these tests often mean that the person is good to drive as many sober people fail these tests regularly.
Lawyers are beginning to argue that there’s no reason why a passed field sobriety test should lead to a breathalyzer. If you have proven that you were not impaired, why did the cop escalate the investigation?
You can fight back against a failed test whether it was on the breathalyzer or the field sobriety test. A lawyer will help you defend yourself.
Evidence and System Failure
The results of your roadside test will serve as the courts biggest nod to evidence. Outside of these roadside tests and any additional blood testing, the only evidence is the cop’s statement.
It’s unfair, but these cases often come down to whether the judge believes you or the officer. A DUI lawyer will ensure that you have your chance to dispute the evidence, including these tests.
Alcohol is often trapped in the esophagus, or even in dental work, causing a system failure in breathalyzers. Additionally, when they rely on blood tests for your BAC, it is possible to argue that there was a rising BAC — essentially saying that the BAC at the time of the arrest was much lower than when they took your blood.
Evidence should provide a clear depiction of the situation, but in DUI cases, that’s just not possible. Get a lawyer involved to try to show how the system failed you and resulted in an unnecessary arrest.
Common Defenses
In addition to fighting the evidence, you have alternative defense options. With field sobriety tests, most officers fail to follow all the proper protocol. Additionally, these tests should be recorded for use as evidence later.
An officer failing to record the field sobriety test, or failing to give it properly may be your best defense. Other common defenses include that there was no reason for the cop to pull you over in the first place. It’s vital that you have a legal professional look at your case to help you choose the best course possible.
Contact an Indiana DUI Attorney
If a police officer used either a breathalyzer or field sobriety test to determine that you were over the limit, you are in trouble. The laws for DUIs in Indiana are strict and come with harsh penalties. But it’s not right that you weren’t in a criminal position.
Being pulled over without reason, inaccurate testing methods and system failure should put you in jail or with a DUI conviction. These issues will follow you for years to come. Call the Rathburn law offices now to schedule a consultation. You can discuss the details of your DUI arrest in detail with an attorney. They will help you understand which laws apply to you and what options you have available. Then you can make an informed decision about how to move forward with your case.
