Friday, June 25, 2010

The Accuracy of Sobriety Tests

When it comes to testing drivers under suspicion of DWI, it is important for the roadside tests and equipment used by authorities to be accurate and properly administered. If a test is not performed in the required manner or if breathalyzers are not properly calibrated, a person who is not legally intoxicated may face unfair charges of driving under the influence.

DWI charges can have very serious consequences for individuals involved and can have long-term effects on the person's finances, job-prospects, and livelihood. If a person is wrongly charged with driving under the influence, he or she may suffer undeserved punishment as a result of the improperly administered test.

Questions that arise following the criminal charge of DWI deals with the type of test administered and what the actual results of the tests were. If a person's blood alcohol level (BAC) was barely over the state's legal limit, many questions regarding the accuracy of the tests may be raised. In some cases, the individual may be clearly intoxicated and may have failed every facet of the field sobriety test, while in others, the person accused may have been able to perform all of the tasks required by the arresting officer and may not have appeared intoxicated at all.

In such instances, the person's attorney may be able to call the accuracy of the tests into question and may be able to point out potential flaws with the calibration, administration, and reading of the breathalyzer or blood sample taken from the defendant. While actual fluid samples may be harder to challenge than officer-administered sobriety tests, there are still questions that can be raised about the readings taken from samples.

In recent years, cameras mounted in police cars have been used to document sobriety tests administered by officers on the road, and may actually play a major role in the defense of the DWI charges. If the officer did not administer the tests in a correct fashion or if the suspect performed the tests in a satisfactory manner, the defense case may be strengthened considerably.

If you have been wrongly accused of a crime like DWI/DUI, it is important to have an experienced attorney on your side to defend your rights and your livelihood. When it comes to defending such charges, persons may be able to question the accuracy of the tests used and may be able to prove that they were not legally intoxicated at the time of arrest. For more information on DWI charges and defense, visit the website of the Dallas DWI attorney Mark T. Lassiter

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