How can a person challenge the results of a sobriety test?

In Washington, a person can challenge the results of a sobriety test by filing a motion to suppress the evidence, which is a legal document that argues that the evidence that was collected from the sobriety test is not legally admissible in court. The person has to make this argument by showing that their Fourth Amendment rights, which protect against unlawful search and seizure, were violated. For example, the person can argue that the officer did not have probable cause to believe the person was driving under the influence, which is required under the Fourth Amendment. The person can also argue that any existing evidence was obtained by the officer in a way that violated the Fifth Amendment, which protects against self-incrimination. If the motion is successful, the results of the sobriety test will be excluded from the criminal case, and the charges may be dropped. In addition, a person can challenge the results of a sobriety test by arguing that the test was not properly administered and the results were inaccurate. This could include challenging the accuracy of the Breathalyzer results or the field sobriety test, as well as arguing that the officer did not follow the proper protocol for administering the tests. If the results of the test are found to be inaccurate or the officer did not follow proper protocol, the evidence may be thrown out of court and the person may be able to have their charges dismissed.

Related FAQs

What is the difference between driving under the influence (DUI) and driving while intoxicated (DWI)?
What is an "alcohol education program" and how does it relate to drunk driving law?
What is the difference between a criminal and civil drunk driving case?
What is the difference between a "zero tolerance" law and a "felony DUI" law?
Are there any alternatives to a criminal DUI conviction?
What kind of evidence is typically used to prove liability in a drunk driving case?
What kind of compensation is available for victims of drunk drivers?
Are there any civil liability options available to victims of drunk driving accidents?
What type of license suspension can a person expect after a DUI conviction?
What is the legal limit for blood alcohol concentration (BAC) in my state?

How can a person challenge the results of a sobriety test?

Related FAQs

Related Blog Posts