Field Sobriety Test
Many people think they can beat a DUI charge if they pass a field sobriety test.
A field sobriety test measures your physical ability under the basis that your physical abilities are impaired if you are legally drunk. Unfortunately, this is not always an accurate way to measure drunkenness. Passing or failing this test is also based on the officers opinion, so its hardly a failsafe way to determine if someone is driving while under the influence of alcohol. Basically, there are two methods used to measure your blood alcohol concentration:
1. The Breathalyzer Test
The alcohol a person consumes will register in their breath as it is absorbed into the bloodstream from the mouth, throat, and stomach. Alcohol does not change in the bloodstream and it doesn’t digest when absorbed or as blood passes through the lungs. When a person exhales, the air from the lungs contains a measurement of alcohol as related to the amount of alcohol in the bloodstream.
This discovery lead to the invention of the first breath alcohol tests in the 1940s. Today’s portable breathalyzer tests allow police officers to perform breath tests on the scene to evaluate a person for a DUI in San Diego. Blowing a test result higher than .08 will result in your immediate arrest for driving under the influence. Even if you fail a breathalyzer test, an experienced San Diego DUI lawyer knows how to fight a charge based on these tests by refuting the way the test was given, the faultiness of the equipment due to lack of regular maintenance, and much more.
2. Blood Alcohol Testing
Another test used in San Diego for charging a person with driving under the influence of alcohol is blood alcohol testing. Its not practical or safe for a police officer to administer a blood alcohol test in the field, so you will usually have already been arrested and taken to an approved clinic or to a nurse at the police station before being given a blood alcohol test.
While blood alcohol tests are the most accurate way to prove you were driving under the influence, a good San Diego DUI attorney has the experience to examine the results and the events leading up to the test to mount a defense. Potential means of defense include contaminated blood draw, rights violations, faulty medical equipment, and more.
Never think you are safe from a DUI charge just because you passed a field sobriety test. Police officers have a duty to protect the public, so they will administer whatever tests they deem necessary to charge you with DUI if they believe you are driving while impaired. Regardless of the circumstances of your charge for driving under the influence, make sure to consult a San Diego DUI attorney right away to ensure protecting your future.
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