Unlawful Traffic Stop
One of the most powerful defenses available in a commercial DUI case is challenging the legality of the initial traffic stop. Police officers must have a valid reason to pull over a vehicle, such as erratic driving, speeding, or a broken taillight. If the officer had no lawful basis to make the stop, then any evidence obtained after the stop, including breath or blood test results, could be suppressed. This means that the prosecution may not be able to use the results of the BAC test, which could lead to a dismissal of the charges. Commercial drivers often travel long distances and through unfamiliar areas. This can sometimes lead to unintentional minor traffic violations, which are then used as a pretext for a DUI stop. A careful examination of the officer’s justification for the traffic stop can reveal whether the stop was lawful. If it was not, the entire case could be compromised.
Harley Wagner
Defending West Virginia Residents for over 24 Years
Inaccurate Field Sobriety Tests
Field sobriety tests are commonly used by police officers to determine whether a driver is impaired. These tests, which may include the walk-and-turn, the one-leg stand, and the horizontal gaze nystagmus, are designed to assess a driver’s physical coordination and cognitive abilities. However, these tests are notoriously unreliable, particularly when administered to commercial drivers who may be fatigued from long hours on the road or affected by other conditions unrelated to alcohol consumption. The results of field sobriety tests can be challenged on several grounds. For instance, certain medical conditions, such as inner ear problems or neurological disorders, can impair balance and coordination, making it difficult to perform these tests accurately. Furthermore, environmental factors like poor lighting, uneven road surfaces, or inclement weather can also affect the results. If the field sobriety tests were not administered correctly, or if the conditions were not conducive to accurate testing, the results can be challenged in court.
Harley and Heather gave me peace of mind as they walked me through the process of my DUI. Heather was so quick to answer even the smallest and probably irrelevant questions I had. I was extremely nervous to walk in the courtroom, but Harley made sure I was in and out of there in no time with the best deal I could think of. My DUI charge was reduced to a speeding ticket and some online DUI classes. Would absolutely recommend Harley and Heather if you’re ever in need of a lawyer.”
- Antea Jarazi
The Wagner Law Firm was amazing from beginning to end dealing with my case. This was my first time ever dealing with anything like this and they helped me tremendously and answered all my questions super fast. We got the best outcome possible for my case and I will be recommending Harley and Heather to anyone that’s ever in my situation."
- Savanna Cummings
Harley and Heather do not stop and are excellent at always keeping their clients up to date on the status of their case and never left wondering. They do all the work and are very well connected throughout the state. I will forever be grateful to both Harley and Heather for what they did for me,,,, they aren’t just another law firm, they are great people who truly care. Thank you."
- Clint Anderson
Questionable Breath Test Results
Breathalyzer tests are often used to measure a driver’s BAC at the time of a traffic stop. However, these tests are not always accurate, and the results can be challenged in a DUI defense case. Commercial drivers can argue that the breathalyzer machine was not properly calibrated or maintained, leading to faulty results. Breath tests can also be affected by certain substances in the driver’s mouth, such as mouthwash or medications, which can produce falsely elevated BAC readings. Additionally, breath tests must be administered in accordance with specific procedures. Officers must observe the driver for a period before administering the test to ensure that no factors interfere with the accuracy of the results. If this observation period was not adhered to, or if the officer failed to follow proper protocols, the breath test results may be invalidated.Challenging Blood Tests
Blood tests are often seen as more accurate than breathalyzer tests, but they are still subject to errors and challenges in court. If a blood sample was improperly handled, stored, or tested, the results may be inaccurate. Commercial drivers facing DUI charges can question the integrity of the chain of custody for their blood sample, ensuring that the sample was not contaminated or tampered with at any point. There may also be issues related to the timing of the blood test. Alcohol absorption rates can vary, and the BAC level at the time of the test may not accurately reflect the driver’s BAC at the time they were operating the vehicle. These factors can be scrutinized by the defense to weaken the prosecution’s case.Rising BAC Defense
The rising BAC defense can be particularly relevant in commercial DUI cases. This defense asserts that a driver’s BAC was below the legal limit while they were driving but increased to an illegal level by the time the test was administered. This can happen if a driver consumed alcohol shortly before being pulled over and the alcohol had not fully absorbed into their bloodstream until after the stop. West Virginia law dictates that a driver must be intoxicated while operating the vehicle, not merely when the test is taken. If the prosecution cannot definitively prove that the driver’s BAC was above the legal limit at the time of driving, this defense could be successful in court.Related Videos
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