If you have been charged with drunk driving, there is a lot you need to know. Firstly, the charge is not the same as a conviction. As detrimental as the charge can be to your future, there are a number of things working to your advantage. Firstly, the prosecution must be able to prove beyond a reasonable doubt that you were over the legal limit. This is not as easy as it sounds. If you have been charged with DUI in Michigan, the attorneys at Nickola Law can help manage your case.
In order for a police officer to pull you over and administer sobriety tests or breathalyzers, they have to show probable cause. While you may be inclined to think that the police officer can simply make something up, there are traffic cameras that will record the entire interaction. If the judge sees no reason that your car should have been pulled over, a skilled DUI attorney may be able to get all evidence from the traffic stop tossed out.
Roadside sobriety tests are designed to fail. While a police officer can bring them up in court, a skilled DUI attorney can successfully cast substantial doubt on their credibility. For instance, the test that is considered the “most valid” is the horizontal gaze nystagmus test. A number of neurological conditions or even common ear infections can produce false positives for this test.
Despite claims to the contrary, breathalyzer tests are not accurate at all. If the breathalyzers are not calibrated properly, they can fail otherwise sober drivers. Additionally, a number of conditions can produce false positives. Anyone who has acetone on his or her breath will blow a higher score than someone who does not. Acetone is a ketone produced by low-carb diets. In other words, your diet can cause you to fail a breathalyzer test.
Blood tests are, by and large, the only accurate means of judging blood alcohol concentration. The sample, which must be exact, is heated and the alcohol is burned off and then measured. However, not only does the sample have to be the correct size (exactly), it also has to be stored and cooled immediately or else the alcohol can cause the blood to ferment, bloating the test results (and giving a false positive).
A drunk driving conviction can cost you money in fines, increase your car insurance beyond the point of affordability, cause your license to be suspended, and even result in jail time. You can, however, defend yourself from these charges and hopefully get them either tossed or reduced. The attorneys at Nickola Law have successfully defended our clients against DUI charges. Give us a call and set up an appointment today.
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