When a police officer believes that you are driving while impaired by alcohol or drugs, the officer may conduct tests to confirm that suspicion. If you are arrested for driving while impaired (DWI), speak at once to an experienced Winston-Salem DWI defense lawyer at LAWSMITH.
Usually, a driver who is suspected of impaired driving will be asked to take a field sobriety test and/or a breathalyzer, blood, or urine test. Are these tests accurate? Can your DWI attorney successfully challenge the results of a DWI test? In some cases, the answer is yes.
WHAT ARE FIELD SOBRIETY TESTS AND WHAT DO THEY PROVE?
For example, if a field sobriety test isn’t conducted properly, anyone could “fail” the test. A police officer may ask a driver to walk a straight line, stand on one leg, or recite numbers or the alphabet. These tests can only indicate – but do not prove – that a motorist is impaired.
WHY ARE BREATHALYZERS SO OFTEN INACCURATE?
Breathalyzers are used by patrol officers to measure a motorist’s blood alcohol content (or “BAC”) level. Breathalyzers can be unreliable for a number of reasons. Breathalyzer devices:
- Must be maintained and calibrated regularly and frequently
- May not distinguish alcohol from chemicals with a comparable molecular structure
- May be inaccurate because of certain medical conditions or the use of certain medications
- May even be subject to radio frequency interference
- Should only be used by qualified and credentialed police or medical personnel
WHAT ABOUT BLOOD AND URINE TESTS?
Although a blood sample is considered the most accurate test for DWI, an experienced Winston-Salem DWI defense lawyer can probably cast doubt on the accuracy of a blood test. Mistakes aren’t uncommon at labs that run dozens of tests and procedures every day.
For example, blood that is improperly stored or preserved may provide an inaccurate reading. If a lab doesn’t adhere strictly to blood testing guidelines and proper storage practices, samples can be contaminated.
WHAT ABOUT TESTS FOR OTHER DRUGS?
Tests for other drugs – marijuana, for instance – are even more complicated and more likely to be inaccurate. Nevertheless, here in North Carolina, if a DWI test indicates that you were driving while you were over the legal limit for alcohol, you may be convicted of DWI.
That’s why, if you are charged with DWI in this state, you must have knowledgeable and experienced defense representation. A good DWI attorney will explain your rights, your options, and what you can expect.
HOW WILL A DWI DEFENSE ATTORNEY AT LAWSMITH HELP YOU?
Even if you are clearly guilty of DWI – and a conviction is sure – a good lawyer will try to arrange a plea deal for alternative or reduced sentencing. The LAWSMITH team at the Law Offices of J. Scott Smith is ready to defend you and offer the guidance you need.
DWI testing – even with 21st-century technology – is still relatively uncertain. If you are charged with DWI in this state on the basis of a field sobriety test or a breath, blood, or urine test, speak at once with an experienced DWI attorney.
Call LAWSMITH at 336-306-8644, or complete the contact form here on our website to reach us. Our offices are located in Greensboro and in Winston-Salem. Let an experienced DWI lawyer fight for justice on your behalf.