Breathalyzer Tests in DUI Cases: Debunking Myths & Answering Common Questions

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One of the most frequent criminal arrests is for DUI.

It seems straightforward: don’t drink or consume drugs and then drive, right? No one is condoning DUI — you should never drink and drive.

However, there are cases where DUI arrests aren’t so clear-cut.

Perhaps you weren’t drunk but had taken medication, or maybe the breathalyzer test was faulty.

Maybe the blood tests weren’t given in the right time frame?

These are just a few examples of how a DUI arrest might be off.

Many problems can happen from the time you’re pulled over until the time you are released that can go wrong.

Once you have been charged with DUI and arrested, you need to hire The Defenders immediately.

The Defenders can take a closer look at your case and expose flaws in the prosecution’s case.

We can point out evidence towards our clients’ sobriety.

A weak DUI case can mean getting the case dropped completely, getting acquitted of DUI or even a plea to a lesser charge.

This can only happen with the help of a DUI expert like The Defenders who know what to look for in a weak DUI case.

If your or a loved one is facing DUI charges, contact The Defenders today for a free case evaluation.

DUI Facts in Nevada

It is a crime in Nevada to operate a motor vehicle:

  1. While under the influence of alcohol/ or drugs
  2. With more than the legal limit of certain drugs in your blood
  3. With a blood alcohol concentration of .08% or greater within 2 hours of drinking

The BAC limits is reduced to .04% for commercial drivers and to .02% for drivers under the age of 21.

The first and second DUI offenses are classified as misdemeanors, while a third offense escalates to a felony.

All DUI arrests can cost thousands of dollars in fines, involve loss of license, and even prison time.

Reasons Your DUI Case May Be Weak

There are many reasons that your attorney can prove that your DUI arrest is weak.

  1. The officer did not give the field sobriety tests properly: The National Highway Transportation Safety Administration has specific procedures regarding how police are to explain, administer and score certain field sobriety tests. These procedures apply specifically to the horizontal gaze nystagmus test or the following stimulus with your eyes test, the one-leg stand test and the walks and turn tests. In some cases, the police who have pulled you over have not been trained properly or fail to execute the specific procedures properly. The Defenders can use the police errors to have the whole tests considered invalid if it can be proven that the police improperly gave the tests.
  2. No probable cause for the traffic stop in the first place: There are DUI checkpoints during holidays where police make everyone go through on the roadway to see if they have been drinking, but other than this scenario, the police can not arbitrarily pull you over. There must be probable cause for the traffic stop. You must be observed committing a traffic violation or driving in a suspicious way. If a defense attorney can prove that the traffic stop was without merit, your DUI case could be dismissed.
  3. There were mouth alcohol contaminates in the breath machine: The Nevada police use the Intoxilyzer 5000 breath machine to measure alcohol in your lung tissue. This machine measures your blood alcohol level giving a rough measure of your blood alcohol content (BAC). This machine can also pick up the residual alcohol in your throat and mouth giving a falsely high BAC. There are several reasons this happens including regurgitating near the time of the test, any dental work or problems, and recent use of cold medications or breadth spray. This test could be significantly off, so much so it could mean the difference of having a legal BAC and a BAC that is considered drunk in Nevada.
  4. Non-alcohol factors can hinder your performance on field sobriety tests: There are many factors that can contribute to not doing well on a field sobriety tests. These may not be related to alcohol or intoxication at all. Some of these include anxiety, bad weather while taking the tests, uneven or slippery surfaces, being distracted, being overweight, tired, elderly, or having poor concentration. It can even be poor instructions by the arresting officer. You may have not had a single drink and can fail the field sobriety tests.
  5. The blood sample can be contaminated: Blood tests are often given after a person has been taken into custody. These tests are administered at the police station and not the hospital. These tests can be contaminated at the source or aren’t stored properly given a false result. If your lawyer can prove that the blood tests if contaminated the case against can be dismissed.

These are just a few of the examples of how a DUI case can be considered weak and maybe able to be dropped for lack of evidence.

The Defenders will investigate your case to find weaknesses in the case against you.

What Happens if My DUI Case Is Weak?

There are several steps in the DUI prosecution after you were arrested that are standard.

First, you will be released and formally charged.

If you have hired a lawyer, you will not have to attend the arraignment.

Your lawyer can do it for you.

An arraignment is a court appearance where you are formally charged and enter a plea.

Your lawyer can enter a not guilty plea on your behalf. The prosecutor will then provide your lawyer with all the evidence against you, known as discovery. Subsequently, the judge will schedule your next court appearance.

After the arraignment court hearing, the prosecutors and your defense team may try and negotiate a resolution to avoid a costly trial.

If the case against you is weak, your attorney may be able to have the case dismissed.

If the case has enough merit but the evidence is still weak, your lawyer can even negotiate a plea bargain or lesser charge like reckless driving.

Facing DUI Charges? The Defenders Has Your Back

DUI is a serious offense and not a traffic violation like some people may think.

A DUI conviction can lead to not gaining employment or a place to live since it will be on your record.

The Defenders possess the expertise and resources to thoroughly investigate the accusation and uncover evidence that may reveal the weaknesses in your case. Proving your case is weak or lacking the evidence to convict is the only way to get the charges dropped once you have been formally charged in court with DUI.

A DUI arrest can cost you thousands of dollars and the loss of your license makes life more difficult than it already is. If you have been arrested for DUI, contact The Defenders to schedule a consultation appointment.

The Defenders have been representing DUI clients in Nevada for many years and have a proven track record of success.

Know Your Rights

The Constitution guarantees certain rights to all individuals who are facing criminal charges, including DUIs. These include:

  • The right to remain silent: You are not obligated to answer any questions from law enforcement without a lawyer present.
  • The right to an attorney: If you cannot afford an attorney, one will be provided for you.
  • The right to challenge evidence against you: Your defense team can challenge the validity and accuracy of the evidence being used against you.

It is important to exercise these rights and seek legal representation as soon as possible. Contact The Defenders today to protect your rights and defend your case. Remember, even if your DUI case seems weak, it is always in your best interest to have a skilled and experienced defense team on your side. Don’t face DUI charges alone, trust The Defenders to fight for justice on your behalf. After all, it’s your future at stake. Let us help you navigate the legal process and achieve the best possible outcome for your case.

Contact our office today for a free case evaluation.

Frequently Asked Questions

What qualifies as a weak DUI case?

A weak DUI case may have lack of evidence, errors in the arresting process, or other factors that can cast doubt on the validity of the charges.

Can a DUI case be dropped if it is considered weak?

Yes, a DUI case can often be dismissed if there is not enough evidence to support the charges.

How can I know if my DUI case is weak and could possibly be dropped?

An experienced criminal defense lawyer can thoroughly investigate your case and identify any weaknesses or errors that could lead to dismissal of the charges.

Do I need a lawyer if my DUI case seems weak?

Yes, it is always in your best interest to have a skilled and experienced defense lawyer on your side, even if your DUI case seems weak. A lawyer can evaluate the evidence, identify any weaknesses or errors, and fight for the best possible outcome for your case. They can also help protect your rights and provide valuable guidance throughout the legal process.

Can I negotiate a plea bargain or lesser charge if my DUI case is weak?

Yes, in some cases where there may not be enough evidence to support a conviction, a skilled defense lawyer may be able to negotiate a plea bargain or lesser charge on your behalf. This can help reduce the potential consequences of a DUI conviction.

What should I do if I have been arrested for a DUI?

If you have been arrested for a DUI, it is important to exercise your rights and seek legal representation as soon as possible. Contact The Defenders for a consultation and to start building your defense strategy against the charges. Remember, a skilled lawyer can make all the difference in achieving a positive outcome for your case.

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