Nearly 50 Years of Fighting for Clients in Need SET UP YOUR FREE CONSULTATION

DUI Investigations Are Complex

The Law Office of Joel M. Bacher April 23, 2020

Even though DUI cases are some of the most common criminal cases, they’re actually quite complex. Most DUI cases involve gathering a significant amount of scientific evidence. An officer who lacks training or fails to follow procedures may make critical errors in the investigation of a New Jersey DUI case.

Field Sobriety Tests

Law enforcement officers are trained in how to conduct a DUI investigation. However, they may fail to follow their training when they administer field sobriety tests. For example, there are only three standardized field sobriety tests. If an officer uses a test other than the horizontal gaze nystagmus, the walk and turn and the one-leg stand, the test has not been verified as being reliable for a DUI investigation.

Chemical Testing

Just like field sobriety tests may not be reliable for a DUI investigation, chemical testing may not be reliable if not done properly. A breath test is not valid for a marijuana or drug DUI investigation. Even though scientists continue to develop new testing procedures, saliva tests still leave room for doubt. There are a number of different things that can render a chemical test inaccurate. Distracted law enforcement officers or even busy workers at a lab can make errors that call the entire DUI case into question.

Fighting DUI Charges

To fight a DUI charge, it’s critical to look at all of the procedures that are involved in the investigation. Finding errors in standardized field sobriety testing and chemical testing can help a defendant raise questions about the validity of the case against them. Carefully evaluating the specifics of how the investigation occurs can help the defendant find ways that the police made mistakes. As the defendant, it’s critical to review every aspect of the investigation in order to build a strong defense to a DUI charge.