It's not always easy to fight against a DWI charge. Often, the evidence available to the state after an arrest is bountiful. That evidence usually includes the dash cam and body cam footage, the results of the field sobriety tests, and the blood alcohol concentration results (BAC). Blowing into a breathalyzer has become a common way to test for intoxication but it's far from solid evidence. Read on to find out more about BAC testing and how the results can be questioned by your criminal defense lawyer.
Understanding DWI Evidence
Most of the time, the state accumulates a load of evidence from the scene of the stop. This evidence might consist of some of the following:
- Dash cam footage of the driver just before the stop
- Body cam footage of the interaction between the officer and the driver
- More video of the driver performing field sobriety tests
- The results of the field sobriety tests
- The results of any blood tests
Understanding Blood Alcohol Concentration Testing
Law enforcement officers in the field commonly use a portable device to measure the level of alcohol expressed in the breath. Often, the results of the portable test are confirmed using a larger and more complex breathalyzer at the police station. While many DWI laws differ from state to state, drivers that test at .08% or more can be arrested for DWI in all states. This test gets drivers arrested all the time – but are the results always valid? All of the above may sound like overwhelming evidence against the driver but all of it can be taken apart by your defense lawyer and challenged in court.
How Can BAC Evidence Be Challenged?
The accuracy of the BAC breathalyzer test depends on the unique characteristics of people of various ages, weights, gender, and more. Your defense lawyer will pay careful attention to the machine itself to ensure that it was recently calibrated. In addition is the so-called rising alcohol defense. This theory involves the way the breathalyzer can falsely read higher than the actual level of inebriation because of the time lag. Alcohol does not metabolize alcohol right away and that can mean drivers may register results that are higher than their actual level of impairment. On the other hand, those who may be more inebriated but were tested soon after drinking could appear to be less affected by the alcohol. Speak to a DWI attorney to find out more.