Drivers License After DUI With a Clear DUI Record
In the article How To Beat A DUI and Get Your License Back, one of the strategies to clear a DUI record was to bring into question whether “Probable Cause” was executed correctly. The following
issue may also be overlooked in DUI cases causing an unnecessary conviction and loss of one’s drivers license:
BAC Accuracy
During an initial DUI stop an officer will initiate conversation with the driver just to get a general idea of demeanor and response. During this time certain DUI indicators such as slurred speech, bloodshot eyes, alcohol on the breath, etc. may verify an officer’s suspicions.
About this time, a portable handheld breathalyzer may be used to
gauge an approximate BAC and whether a case against DUI is worth further pursuit. If so, the additional activity covered in the
Beat a DUI article takes place which leads up to relocation of the scene to the police station.
The station is where the formal recording and documentation of actual BAC usually takes place for further use in court. Several rounds of blowing into a BAC recording console are run. Other methods such as urine or blood collection are also done, if so chosen.
Here is where the actual BAC results to be used in court may be called into
question: First of all, how precisely accurate was the handheld unit used at the initial stop? If other sobriety tests such as alphabet recital, straight line walking, balancing, etc. were “successfully completed” then the choice to proceed with the charge may have depended solely on the handheld.
If the actual BAC of the driver at the time was borderline in itself, and inaccuracies in the reading of the handheld erred against the driver, then a
trip to the police station may not have happened nor would a DUI case have
possibly been carried out.
In reference to the police station BAC data, was the breathalyzer there properly calibrated against known BAC control samples? This is sometimes a cumbersome procedure and may have been
omitted.
A poorly calibrated breathalyzer at the police station may also bias results against a driver.
Further consideration must be taken as to how BAC may have built up in the bloodstream between the time of the actual traffic stop and final recordings at the police station.
If alcohol was consumed very close to the time driving actually was taking place and the driver’s final destination, it’s possible that DUI may not have occurred.
Again, if sobriety tests are “passed” at the traffic stop but a trip to the police station is still required, then sufficient time may have passed that would have allowed BAC to build up that would otherwise have occurred only after the driver had reached their final destination, and stopped driving.
The BAC recordings at the police station, by that time, may indicate a definite DUI when, in fact, at that same period of time, the driver may not have been driving any more.
This is just one example where a DUI
conviction can happen or a clear DUI record can ensue.
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