1. No Probable Cause for the Traffic Stop
The officer must to have probable cause that a crime has been committed to pull you over, a complete and through review of the body cam and car cam videos is the first place to start, if it can be proven that there was no reason to stop you, a good lawyer can normally get the case thrown out.
You can’t be pulled over for being on the road at “bar closing time” and expect that to be reason enough to pull someone over and have that stand up in court.
2. Faulty Breath Tests
The DUI breath tests have many flaws. These tests are subject to some of the following problems:
A. Improper use by the police
B. Physiological Conditions (gastroesophageal reflux disease aka GERD)
C. Instrument Malfunction
D. Failure to observe the defendant prior to the test.
Breath testing is the most common test, but its not always accurate, calling into question the accuracy of the reading is a common legal (and reasonable) defense. Breath testing is subject to many outside issues that can generate erroneous readings.
3. Mouth Alcohol
The phrase ” alveolar air” is something not talked about much until the subject of breath test. Breath test are designed to take air from deep within the lungs, officers have instructions to make someone blow hard into the collection tube, and this poses problems for accuracy if you have:
A. Dental work trapped small amounts of alcohol-soaked food in your teeth,
B. You burped or regurgitated, or
C. You suffer from acid reflux, heartburn, or GERD.
If the breath test captures “mouth air” rather than simply “lung air.” As a result, mouth alcohol can trigger a false BAC reading on a DUI breath test.
4. Medical Conditions
Medical issues such as heartburn or acid reflux, can contaminate DUI breath test results. . This is because these conditions produce a flow of acid that travels from the stomach into the mouth. When this occurs during a DUI breath test or just prior, the alcohol that travels from your stomach to your mouth disguises the deep lung air that the breath testing instrument is intended to measure. As a result, GERD, acid reflux, and/or heartburn can cause a falsely high blood alcohol calculation on a Montgomery county DUI breath test.
Conditions such as diabetes or an Atkins-style diet that is low-carbohydrate, high-protein, or hypoglycemia can trick a DUI breath test and result in a false high BAC.
Atkins-style diets and medical conditions such as diabetes and hypoglycemia are capable of self-producing isopropyl alcohol. This is because bodies that are deprived of carbohydrates turn to stored fat for energy. This process produces ketones. Ketones, when eliminated from the body through breath and urine, convert into isopropyl alcohol. Breath testing equipment, isn’t sophisticated enough to tell the difference in ethyl alcohol and isopropyl alcohol causing false positives.
6. “Rising Blood Alcohol”
Rising blood alcohol means that your BAC was a higher level when you took the test than it was when you were actually driving.
Alcohol takes a certain amount of time, typically between 50 minutes and three hours, to absorb into your system. For example, if you had just recently finished drinking and were investigated for DUI shortly thereafter your alcohol may not have reached its peak absorption rate. When this is the case, your blood alcohol level is still rising, which can cause a false high DUI BAC result.
7. Montgomery County DUI Blood Testing Isn’t Always Accurate
There are multiple factors that could taint the results of your DUI blood test results:
A. Blood fermentation,
B. Blood contamination, and
C. Improper storage of your blood sample.
These are just a few of the reasons why a blood tests result might not be accurate. Depending on the circumstances surrounding the collection and storage of your DUI blood test, your Montgomery county DUI defense lawyer may be able to have your BAC results excluded from evidence.
8. Field Sobriety Tests Are Not Accurate.
Texas field sobriety tests (“FSTs”) are not accurate indicators of impairment.
Even the most reliable field sobriety tests aren’t accurate indicators of alcohol and/or drug impairment. The three tests that have actual data to support their trustworthiness are only between 60% – 70% accurate at detecting impairment and that is only if they are properly administered and accurately scored, which rarely happens.
Innocent explanations can also explain poor performance on FSTs. These include:
A. officer-induced intimidation,
B. poor lighting,
C. bad weather conditions,
D. uneven surface conditions,
E. poor footwear, and
F. un-athletic or uncoordinated driver
9. You Were Not Driving
The police must prove more than just that you were under the influence; they must also prove that you were driving.
For example, if you were involved in an accident and no one saw you driving the car, or if the police found you when you were in your parked car, it will be more difficult for the prosecution to prove that you drove. If the prosecutor can’t prove that you were driving, you can’t be convicted of a Texas DUI.
10. Radio Frequency Interference (RFI)
Radio frequency interference or”RFI” can cause a Texas DUI chemical blood or breath test to produce an false BAC reading. This is because almost all electronic devices, are susceptible to electromagnetic interference.
Poliece departments keep a cache of devices producing these power electromagnetic forces, all capable of producing interference,
The prosecution may counter this attack in a Conroe DUI trial by pointing out that the machine has an RFI detector. The problem with these detectors is that they are simply unreliable. As repeated tests have demonstrated, there is a segment of the frequency band to which the detector is essentially blind. If there is a source of interference from a device emitting electromagnetic waves in this frequency range, it will not be detected.
11. Police Misconduct
Even if you were driving under the influence police misconduct might be a reason to get your charges dismissed. If we can demonstrate gross misconduct, it may be possible to get your charges dismissed.
Things to look for
A. DUI police reports must be accurate,
B. Courtroom testimony must be truthful.
If these issued are intentionally manipulated, intentionally ignored or evidence planted or fictitiously made up, the case might be dismissed depending on how it damages the prosecutors case.
Read more at https://conroelawoffice.com/dwi/
And click below to read the latest from research regarding breathalyzers.
Researchers say a breathalyzer has flaws, casting doubt on countless convictions from gadgets