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Giving Yourself the Best Chance to Beat DUI Charges


When you’re pulled over and tested for drugs and alcohol, you may be worried you won’t be able to beat the charges. Maybe the amount of evidence against you is making you nervous. Fortunately, you may have options to act. 

Giving yourself the best chance to beat DUI charges is vital. Gathering evidence and talking to a lawyer can change the course of your claim, but below are a few issues specific to driving under the influence charges you may need to consider. 

Question the Validity of Field Sobriety Testing

There are three main field sobriety tests, all of which are incredibly subjective to the person administering them. Accounting for human error and other external factors, it’s impossible for field tests to be completely accurate. The three standard tests are the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg stand test.

These tests can be impacted by age, physical conditions, health problems, and even environmental factors like wet pavement due to rain or snow. Even simple anxiety can make it difficult to absorb directions and focus on your balance or other factors. 

If you believe the results of your field sobriety test were inaccurate, your lawyer can give you the best chance of beating your DUI charges by gathering evidence that other factors impacted your test. That evidence can help you avoid jail time and other devastating penalties. 

Questioning the Accuracy of the Breathalyzer

A Breathalyzer test is commonly used by police to electronically measure BAL (breath alcohol level) when they’re at a checkpoint stop. Multiple factors can influence the accuracy of these sobriety tests.

There are multiple medical conditions that are known to cause false positives. Heartburn, acid reflux, and gastrointestinal reflux disease (GERD) cause excess acid in the stomach and esophagus, which can cause inaccurate readings. Diabetes can also affect these readings in certain scenarios. 

Albuterol, which is the medication commonly prescribed in the form of an inhaler for asthma sufferers, has also been known to show false positives due to the presence of methyl compounds in the medication. Sleep aids, cough syrups, vitamins, mouthwashes, breath sprays, aftershaves, and denture adhesives have all been known to result in false positives.

Certain foods, such as cinnamon rolls, fermented fruit, sugarless gum, sourdough bread, protein bars, hot sauces, and foods containing alcoholic glazes can all trigger a Breathalyzer, as can energy drinks and fermented sodas. If you suspect you were charged because of these false positives, your lawyer can represent you in the courtroom

Reach Out to an Experienced DUI Attorney

While there are many reasons to call into question the accuracy of field sobriety tests and breathalyzer results, it’s very difficult to beat a DUI charge without the help of an attorney. They can give you the best chance possible to beat your DUI charges. 

Ready to speak to the attorney at Hersem Law? We offer free strategy sessions, where we can discuss your best options for recovery. Reach out by calling 813-251-7291 or by completing the online contact form below.