Drivers in our nation's capital, as with their counterparts around the country, are commonly well-versed in the dangers of drunk driving. Statistics collected and reported by the Century Council for 2011 indicate that eight drivers in the District of Columbia were killed by a drunk driver that year. Four of those deaths involved drivers with measured blood alcohol contents of 0.15 percent or higher. The legal limit is 0.08 percent.

Throughout the United States, including Washington D.C., DUI laws are strict and clear, as are the penalties associated with a conviction. While fighting a DUI charge can appear difficult at first, it is not impossible, especially when one considers the potential for inaccuracies in the methods of testing for intoxication during the arrest process.

Lack of objectivity with field tests

The tests intended to screen for intoxication are inherently subjective and rely on the discretion of the police officer that has stopped the driver and administers the test. This same officer would be the person responsible for ordering blood or other chemical follow-up testing.

During the standardized field sobriety tests, inaccuracies can creep up at virtually any time during the tests. Examples include:-A driver is asked to stand on one leg with the other foot held roughly six inches off the ground and count aloud for 30 seconds. If this test is being conducted in stormy conditions including icy ground, precipitation (rain, sleet or snow) at an angle, high winds and cold temperatures, the driver's ability to perfectly execute the task could be hindered.

-A person who walks with a cane for balance as a normal course of life would be limited in his or her ability to ideally walk heel-to-toe for nine consecutive steps, turn around and return along the same line.

-Headlights from oncoming traffic or ambient lighting from street lights could make it difficult to properly see and follow a light during a gaze test.

Simply failing to execute any of these seemingly simple tasks is not necessarily indicative of intoxication yet could be interpreted as such by a police officer. A proper DUI defense may be in need to help drivers who may potentially be falsely charged with a DUI in situations like these.

The right help can make the difference

Because there is always the chance for an inaccurate test result or even improper method of conducting a test, any driver charged with a DUI should obtain legal counsel. Ensuring professional help in a defense is the best way to receive a fair process and outcome.

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