When you are involved in an accident, you might find yourself in a state of mind in which you may appear as if you are under the influence of alcohol. This can partially be affected by the deployment of your airbag. When an officer arrives after the accident, they might wrongly believe you were intoxicated and charge you with a DUI. If this is a case, you will definitely need help from a DUI defense lawyer.
The State of Shock
After you have been involved in an accident, you might be shaken up or you might be in a state of shock. When you are in a state of shock, your blood pressure might dip below a certain point.
Then, you may show some signs of an individual who is under the influence of alcohol such as having sweaty skin and an irregular pulse. Under this state of mind, you might not be able to pass a field sobriety test.
The Effect of the Airbag
An airbag sometimes releases an odor while it is expanding that smells very bad. Many older airbags are lubricated with a talcum powder that can be inhaled into your lungs. This substance can lead to a false reading when your BAC is tested.
Winning a DUI case is very difficult and highly technical. For this reason, it's essential that you work closely with an experienced DUI defense lawyer. An experienced lawyer will do everything possible to make sure that you can have the best possible outcome regarding your DUI charges.
How to Challenge a Field Sobriety Test
When an officer asks you to perform a field sobriety test, they probably already believe you are intoxicated and are simply looking for an excuse to arrest you. These tests are difficult and sober drivers fail them all the time. You are especially likely to fail a field sobriety test if you are shaken because of your recent car accident.
The test not only checks your agility but also tests your ability to understand instructions and your willingness to follow them. You are often expected to perform exercises that are unusual and confusing.
Your DUI lawyer may be able to file a motion to suppress the field sobriety test. Then, the jury will not see the results of the field sobriety test in court. Your lawyer might also discredit the field sobriety test so the jury understands that the test failure should not automatically indicate that you were intoxicated especially after an accident in which an airbag was deployed.
Contact a local DUI defense lawyer to learn more.
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