If a Kentucky police officer suspects you have been driving while under the influence (DUI), he/she will usually perform a standard field sobriety test to determine if you may be impaired. The physical tests of walking and turning, one leg balancing stand or the eye gaze test are extremely subjective and result in various levels of success for even the soberest of individuals. This type of tests can offer a strong defense if representation of a DUI Defense Lawyer is enlisted.
Faulty Device Tests
A preliminary breath test is usually the final test administered in Kentucky prior to being accused of a DUI. The breath analysis device, commonly known as a Breathalyzer, must be properly maintained prior to the test, and the test must be administered under strict guidelines to achieve accurate results. If this piece of equipment is not correctly stored, cleaned, calibrated and maintained, it may give a false reading that may result in you being charged with a DUI. In addition, if an officer who is not certified to operate the device administers the test, a DUI Defense Lawyer can defend your results.
Legality of the Arrest
An officer must have reason to pull you over while driving. If you have not violated any driving laws and if your car is in proper working order prior to the stop, then the police officer may not have a legitimate reason for stopping you in the first place. Negligent driving, swerving, an expired tag, or an outage of a light might give a reason to be stopped. However, if you have been driving responsible and your car is issue free, then you have legal rights protecting you from unlawful interrogations.
Contact your best DUI Defense team at the Law Offices of Paul Dickman today.
Posted in: Criminal Defense, Drunk Driving