Analyzing The Accuracy Of DUI Tests Since 1993
Many people assume if a Breathalyzer, blood or field sobriety tests indicate you are under the influence that you are automatically guilty of a DUI. This is not the case. Many factors can influence the validity of these tests. A skilled lawyer can help separate fact from fiction regarding sobriety tests.
The attorneys at McIntosh Law have been advocates for those facing DUI charges since 1993. We know the law and understand the flaws associated with breath, blood and field sobriety tests. Our first step is to meet with you to understand your situation. We will then conduct our own investigation of the evidence to build a strong case strategy on your behalf.
Attorneys Trained In Police Procedures
Law enforcement officials generally use three methods to determine if you are intoxicated:
- Breath tests: Recently, the scientific validity of this test has come into question. We have extensive knowledge of these tests and will question if the Breathalyzer equipment is properly calibrated and maintained. We also evaluate whether the test was conducted at the scene or later, as this can affect the validity of the results to your case.
- Blood tests: This is commonly believed to be the most effective test for blood alcohol content (BAC). However, multiple steps are involved, which may result in significant error. Mr. McIntosh has received specialized training in forensic blood testing. Accordingly, our attorneys will evaluate whether the sample was properly drawn, preserved and tested. Since this is an invasive test, we also will question if proper consent was given to draw the blood sample.
- Field sobriety: This is a series of exercises designed by the National Highway Traffic Safety Association (NHTSA). The validity of these is in question. In Florida, it is illegal for law enforcement to refer to them as “tests” in a courtroom. Mr. McIntosh is certified to conduct field sobriety exercises, enabling him to expose them as imperfect measurements.
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