Field Sobriety Breathalyzer Tests

Can a Lawyer Challenge the Results of a Field Sobriety Test?

Yes. A criminal defense lawyer can challenge the results of a field sobriety test and even dispute the findings of a Breathalyzer test. Police officers are trained to gauge how much motorists had to drink and whether their ability to drive safely was put at risk — some officers do this effectively, others do not. Breathalyzer and field sobriety tests are used to help police officers make important judgment calls — sometimes these are used properly, sometimes they are not.

Field sobriety tests are not flawless and, sometimes, mistakes lead to unlawful arrests for DUI. At the office of John W. Thornton, Attorney at Law, we offer more than 30 years of experience challenging DUI charges in Santa Cruz County. We know that evidence can be challenged, holes in the prosecutor's case can be found and people can be falsely accused. If you have been arrested for DUI in Santa Cruz, don't lose hope. We know what to look for and we know how to make sure that your rights are protected. Many people who are arrested simply assume there is nothing to do but accept their fate. They do not realize what advantages a Santa Cruz DUI defense lawyer offers.  

Contact our law firm online or call 831-426-5800 or 831-566-4357 for a free initial consultation — we are committed to protecting your rights. This may lead us to challenge the field sobriety test or Breathalyzer results. 

Was the Field Sobriety Test Legal

If you were arrested for drinking and driving, you likely completed field sobriety tests. These are not mandatory tests, but officers do not usually tell you that and most people take them. In order to administer the test, the officer must have a compelling reason to ask you to take it. If you were stopped in your car for unjustified reasons, the field sobriety test may not have been legal and the results may not be used in the case against you. 

Criminal Defense Attorney John W. Thornton has a thorough understanding of the procedures police officers must follow at the time of an arrest. He will carefully review the case to determine if your constitutional rights were violated, and he will also determine if the test was done correctly.

Breathalyzers are used at police stations and in the field (i.e. roadside) to determine if individuals are over the legal limit when driving. These machines are subject to mechanical and human errors. If the Breathalyzers were poorly maintained or calibrated, the test results might not accurately depict a suspect's blood alcohol content (BAC) while driving. If the correct procedures were not used, the test results could be compromised.

DUI Defense Attorney John W. Thornton offers a substantial background investigating the legitimacy of Breathalyzer test results. He carefully reviews reports to determine if the machine was properly maintained. Mr. Thornton will aggressively challenge DUI Breathalyzer test results if the calibrations were inaccurate or if police officers were poorly trained to use the machines. By having an experienced DUI defense attorney on your side, you will significantly reduce your risk of conviction on DUI charges in Santa Cruz.