You may be surprised to find out what blood and breath tests aren’t always accurate. There are many ways in which blood and breath tests can provide overly high results when measuring intoxication levels. If you’re facing a DUI charge where a key piece of evidence against you is a blood or breath test, know that a conviction isn’t inevitable.
Refusing a blood or breath test
If you are stopped on suspicion of DUI, the police officer will probably ask you to submit to a “preliminary alcohol screening” breath test. You don’t have to take one unless you’re under 21 or currently on probation for a prior DUI, but if you refuse, the police officer will likely arrest you. When you arrive at the police station, you’ll have to take what is called an “evidential” blood or breath test.
Don’t lose hope!
If your blood alcohol content is found to be above .08%, you still shouldn’t lose hope. There are many ways in which this test may be inaccurate. An excellent DUI defense attorney like Dan Chambers of the Chambers Law Firm will devise the best legal strategy according to the circumstances of your case.
Key defense strategies regarding breath tests
This essential piece of evidence may be undermined in several ways. It may be argued:
- The Breathalyzer equipment wasn’t calibrated correctly.
- The Breathalyzer machine did not have proper accuracy checks conducted.
- The police officer who administered the test made a mistake. (For example, the police officer must wait at least 15 minutes before administering the test.)
- The breath sample was corrupted by environmental contamination.
- You have a medical condition that caused an inaccurate reading.
- The police didn’t keep accurate records about your case.
How about blood tests?
Blood tests are considered generally more reliable than breath tests, but they may also be declared inadmissible in court if Attorney Chambers proves that it was administered incorrectly. There are also several ways the blood alcohol could be incorrect, ranging from the initial blood draw itself to the testing equipment and how the blood sample is handled in the lab. Perhaps there wasn’t enough probable cause when the police officer suspected you of DUI to conduct a blood test. If the blood test uncovered the presence of prescription drugs, it may be very difficult for a prosecutor to prove you were DUI. There aren’t any set limits of substance from prescription drugs that may be in your system while driving, so Attorney Chambers may be able to successfully argue that you weren’t intoxicated at all when you were arrested.
In order to effectively undermine blood or breath test results in your DUI case, you need to find a DUI defense attorney who will thoroughly analyze the details of your case and strategize about the best possible strategy. He may be able to get the case against you dismissed, prevent jail time from being a part of your sentence, or achieve another favorable outcome in your DUI case.
Start working with Attorney Dan Chambers today by scheduling a free case evaluation. Attorney Chambers will begin formulating your defense strategy immediately and work hard throughout your case to achieve the ideal outcome.
Schedule your free consultation now by:
Calling: 714-760-4088
Emailing: dchambers@clfca.com
Or using the chat box below.
