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When a driver seems to be charged for DWI, DUI, or just test refusal offenses, you should know that you could seek legal assistance for combating DUI cases. It is quite natural to feel overwhelmed. However, you could come out of this situation with professional legal assistance. You cannot come out of this situation on your own simply because the legal process involved in defending DWI and DUI charges could be pretty complicated and technical.
As per Forbes.com, a DWI or DUI ends up harming your driving record in similar ways, however, they may mean differently in several cases. There seems to be a difference between DWI, and DUI. We know that DWI means driving while intoxicated while DUI means ‘driving under influence’. In a particular state in the U.S.A. both the terms may mean the same, however, in some other US states the two terms may imply something different.
Probable Cause Absent for the Stop
The officer must necessarily have a proper cause to detain, stop, or even arrest you on the ground of DUI. If there existed no such cause, the case or the evidence could be dismissed easily. The police must have sufficient suspicion or reasonable belief or evidence that you have been engaging in some sort of criminal activity. Only then can the police consider stopping your vehicle and conduct an interrogation or an arrest. If the police cannot present the necessary probable cause, all evidence obtained so far would be suppressed as the entire process could be proved illegal. You may read through Daniel M. Murphy, P.C. on underage DUI charges in Colorado for more information.
Unreliable & Faulty Breath Tests
The DUI related breath tests could have numerous flaws. These breath tests may be subjected to many issues like:
- Inappropriate use by the officers of the police department
- Physiological conditions
- Instrument malfunction
Failed to Observe the Defendant before the Test
DUI associated breath testing is supposed to be the most common way of measuring a BAC of the defendant. However, this testing may not be error-free in 100 percent of the cases. This is simply because the DUI breath testing process does not involve the measurement of the exact quantity of alcohol present in your blood. It involves the measurement of the alcohol amount present in the breath of the defendant. This reading is converted to determine the alcohol content in the blood. Hence, DUI related breath testing is vulnerable and is exposed to a host of external influencers that could inaccurately generate high BAC reading. Follow the given map to reach an experienced DUI attorney for sure success.
DUI-related breath testing instruments have been designed for capturing breath exhaled from deep lung tissue called “alveolar air.” Experts believe that residual alcohol could still be present in your mouth for many reasons like:
- Dental work may have trapped little quantities of alcohol-saturated food particles in your teeth
- You may have regurgitated or burped
- You may be suffering from chronic GERD, heartburn, or acid reflux
We know that apart from the reasons discussed above, some medical conditions and external factors could be responsible for inaccurate readings for your blood alcohol content.