Novi Challenging DUI Tests

Police officers have various ways to establish probable cause for and gather evidence in support of DUI arrests. These methods often include the administration of field sobriety tests, as well as breathalyzer and blood tests to measure blood alcohol content (BAC). However, challenging DUI tests in Novi is a common defense practice due to the sometimes-questionable reliability of test results.

No tests are infallible because their administrators may make human errors and fail to follow procedures correctly. When irregularities occur, the test results may be inaccurate and inadmissible in court as evidence against you. A skilled operating while intoxicated (OWI) defense lawyer may be able to utilize compromised test results to build a strong defense to your charges.

The National Highway Traffic Safety Administration (NHTSA) has a standardized battery of three field sobriety tests for law enforcement officers to administer during traffic stops. The standard battery includes the walk and turn, one-leg stand, and horizontal gaze nystagmus tests. Police officers use these tests to measure impairment in drivers if they suspect OWI.

According to the NHTSA, police officers must follow the exact procedures for properly administering these tests in the correct order. Inadequate training on the administration procedures can easily lead to false test results leading to unlawful arrests. Moreover, the results of these tests are entirely subjective, which can lead to misinterpretation of the results.

Police officers administer breathalyzer tests to measure a driver’s BAC at the time of the stop. By statute, drivers are operating while intoxicated when they drive with a BAC of .08 percent or higher. However, police officers must receive proper training to operate breath test machines appropriately. These breath alcohol testing machines require routine maintenance and calibration. Failure to adequately take care of the machines could lead to inaccurate results.

Drivers may also have certain medical conditions that could impact the reliability of breath test results. Officers must observe a 15-minute waiting period before administering the test, or the results may be invalid. Additionally, gastroesophageal reflux disease, heartburn, and the use of alcohol-based products like mouthwash could create artificially high BAC readings. With such confounding variables, it may be possible for an attorney to begin challenging a BAC test in a Novi OWI case.

Police officers often request search warrants from courts to administer a blood test to a driver the suspect was driving under the influence. These tests are usually administered when drivers refuse breath tests at the station. An experienced Novi defense attorney could challenge BAC blood test results in some situations.

If police officers administer a blood test on a driver without a search warrant from a judge or the driver’s informed consent, they may have obtained the blood sample illegally. This practice could make the blood test results being inadmissible in court.

Also, like breath testing, blood testing is prone to human and instrument error. A well-trained DUI defense lawyer can uncover these errors and bring them before the court seeking suppression.

After challenging the OWI blood test results in a Novi DUI case, the prosecution may be unable to meet the burden of proof they need to secure a conviction. Blood test results may also be compromised by other errors and irregularities in testing procedures that could lead to contamination, making the evidence inadmissible.

While field sobriety, breath, and blood test results can be instrumental in DUI prosecutions, they are subject to attack in some circumstances. A lack of adequate training, instrument error, a failure to follow standard procedures, and human error all may contribute to the unreliability of DUI test results. Not only could the test results be inaccurate, the tests may be completely inadmissible in court.

While these issues are not present in every case, they are one method that criminal defense attorneys may be able to use to fight back against DUI charges. With a strong legal advocate on your side throughout your DUI proceedings, you may be able to start challenging DUI tests in Novi and creating a stronger case. Call a DUI lawyer today to learn if your DUI test is admissible in court.