With any driving under the influence (DUI) case, evidence is needed to prove that the defendant was unable to safely operate a vehicle. Blood testing is the most used method of proving the case. Due to the importance of the outcome of the test, you need to have the right information about the test itself. To help you understand the truth about DUI testing, here are a few misconceptions about it and the truth behind the test.
You Can Refuse the Test
There is some truth in the idea that you can refuse the test, but you need to have all the facts before making this decision. In most states, there is a law that calls for "implied consent." The law basically states that by operating a vehicle on public roadway, you were automatically giving consent to being tested for alcohol and drugs.
Depending on the state in which you live, you could be arrested for refusing to consent. In some states, refusing the test is considered an admission of guilt and it could be used against you in court. You could even face harsher penalties than if you had submitted to the test.
A Medical Condition Cannot Impact the Test Results
Breath tests are routinely used by law enforcement in DUI cases. Although a lot of weight is given to the results from breath tests, they are not infallible. Certain factors, including medical conditions, can have an impact on the outcome of the results.
For instance, if you have a gastrointestinal reflux disease (GERD), it can sometimes result in an inaccurate result. Your levels might appear to be higher than they are, which could lead law enforcement to believe you are under the influence.
Field Sobriety Test Is Not Enough for a Conviction
One of the most commonly believed myths about DUI testing is that a field sobriety test is not admissible in court and cannot be used to get a conviction. However, the tests are often used in court by prosecutors to make their case.
Remember, most police cars are equipped with cameras that record stops. The prosecutor can use the video and the testimony from the arresting officer to ensure the field sobriety test's results are well supported.
There are other myths about DUI testing that you need to be aware of if you want to win your case in court. Talk to your DUI attorney to learn more and to develop a strategy to fight the charges.