Why NHTSA and Breathalyzer Certifications are Important
If the police officer asked you to perform field sobriety tests during your DUI stop, those test results can be used against you at your Motor Vehicle Administration (MVA) hearing and criminal trial. Unfortunately, what many people and even some attorneys don’t realize is that field sobriety tests are designed to be failed and it is up to the officer to decide whether the driver “passed” or “failed” his or her field sobriety tests.
If not challenged, faulty test results can and will be used against you by the prosecution in Court. An attorney who is a certified field sobriety test instructor, like Andrew Alpert, or has completed the National Highway Traffic Safety Administration (NHTSA) field sobriety testing courses has the ability to recognize and challenge any improper field sobriety testing evidence the state may attempt to use against you in Court. This challenge can often result in very little weight being placed on the field sobriety testing evidence, can bring the police officer’s credibility into question, and can result in this evidence being excluded at Trial.
Why it is important for my attorney to be certified to own and operate breathalyzer equipment?
A breath test that indicates that a driver had a blood alcohol concentration (BAC) of .08 doesn’t mean a person is guilty of DUI. Breathalyzer tests can give inaccurate readings due to a number of medical conditions suffered by the person taking the test and there is plenty of room for human error as well. An incorrect calibration on a breathalyzer machine, inaccurate testing procedures by the police officer administering the test, and/or a pre-existing medical condition can all make the difference between someone being arrested for DUI or not.
An attorney with advanced knowledge of how breath testing equipment works knows what questions to ask regarding any breathalyzer evidence against you and can challenge inaccurate test results in a Court of law. This challenge can cause the breathalyzer evidence to be excluded at Trial, can lead to very little weight being placed on the breath test results, and acquittal.
We Go Above and Beyond to Defend Our Clients
At Alpert Schreyer, LLC, our lawyers have years of experience obtaining successful results for those facing serious drunk driving charges. We provide our clients with an effective defense and can use our knowledge and certifications in NHTSA Standardized Field Sobriety Testing procedures and the operation of breath testing equipment to recognize mistakes made during a DUI arrest and aggressively challenge any evidence obtained through improper testing procedures. For more information about your legal rights, please call (866) 444-6363 for a free consultation.