Grounds for Challenging Drink Driving Test Results

Posted on: 3 August 2015

Some people think that it is an open and shut case once a police officer arrests them for drink driving charges. This may not be true since a traffic lawyer can successfully challenge the tests that were used to gather evidence against you. This article discusses some of the grounds under which it may be possible to launch a successful challenge against drink driving tests:

Subjectivity of Field Tests

Some officers can ask a person they suspect of drink driving to get out of his or her car and then perform a variety of actions like standing on one leg or walking in a straight line. The "failure" to pass such tests may be used as a basis to charge you with drink driving. However, a lawyer can challenge the validity of such tests since it can be argued that the ground where you were asked to walk in a straight line was not level so it could not be possible for you to walk straight. You may also have a disease (like arthritis) that makes it hard for you to stand on one leg. Such arguments can secure a favorable verdict for you.

Chain of Custody Issues

A lawyer can also challenge blood test results if there are unexplainable gaps in the records of how that sample was handled. For instance, if the records indicate that several hours passed before the collected sample was stored then the lawyer can argue that there was opportunity to tamper with that sample so the test results should be thrown out by court.

Questionable Circumstances Surrounding Field Tests

It may also be possible to challenge tests (such as breathalyzer tests) if you were exposed to fumes (such as paint fumes) that may have affected the results of the test. The police officer may not have followed the recommended procedure for using the breathalyzer equipment so the results obtained may be questionable.  Such arguments by a traffic lawyer can result in charges against you being dropped.

While it is possible to challenge drink driving test results, the best defense is to avoid being arrested on suspicion of drunken driving. Do not drink and drive. If you are stopped by an officer, do everything possible to cooperate (getting out of your car when asked, for example) so that additional charges are not levied against you such as resisting arrest. Contact a traffic lawyer as soon as possible so that he or she can advise you on the best course of action thereafter.