Knowing the legal strategies you can use to defend yourself against a DUI can provide hope. Prosecutors can use breathalyzer/blood test results to prove impairment. DUI lawyers can successfully challenge these results by using several legal angles. In this article, you’ll learn how DUI attorneys use Breathalyzers and blood test results to improve your defense. You can understand why it’s essential to hire an experienced DUI lawyer if you have a DUI charge.
1. Breathalyzer Accuracy: What Is The Truth
Breathalyzer machines are machines. They are not immune to errors. These devices are calibrated and must be correctly maintained for accurate readings. Attorneys may obtain maintenance records and calibration records in order to determine whether or not the Breathalyzer functioned correctly at the moment of the test.
The accuracy of the machine’s results can be challenged if it is not calibrated or adequately maintained. A small calibration error can result in a falsely higher blood alcohol level (BAC), which may unfairly incriminate a defendant. Lawyers experienced in DUI cases frequently bring in expert witnesses to explain how mechanical issues may lead to false positives or unreliable testing results. Click here to find out more about your defense choices and to speak with a knowledgeable DUI attorney.
2. Examining Officer’s Training
DUI lawyers challenge the validity of Breathalyzer results by scrutinizing officers’ training and conduct. Breathalyzers are administered only by trained police officers.
In some cases, the results of a test can be considered unreliable because an officer may have needed to receive the appropriate training or follow the correct protocol. Lawyers can argue that either the officer failed to wait for the observation period required before administering the test or that the test was incorrectly conducted because of factors such as bad timing, poor environmental conditions, and the defendant’s condition.
3. Challenging Blood Test Results
Blood tests are more accurate than Breathalyzers tests, although they have flaws. DUI lawyers frequently challenge blood test results by scrutinizing storage, collection, and handling processes. Here’s one way they might do it.
- Chain of Custody Issues. In order for blood test results to appear in court, prosecutors must prove that samples were handled adequately between the time of collection and the testing in a laboratory. Any interruption in the chain can compromise the integrity and reliability of the sample. DUI lawyers might claim that these breakages create a reasonable question about the accuracy of the results.
- Potential Contamination: Blood samples are susceptible to contamination during the storage or collection processes, leading to inaccurate results. If, for example, a sample of blood is stored in the wrong temperature range, it may ferment, resulting in alcohol production and an increase in BAC. DUI lawyers may ask the laboratory to review their procedures and store logs in order to determine any contamination.
- Improperly administered test. Blood draws should be done by qualified medical personnel in a sterile setting using sterile instruments. The test results may be inaccurate if the draw of blood was not done correctly or the equipment was contaminated. A knowledgeable lawyer will determine if the blood sample was obtained according to correct medical procedures.
4. How To Time The Blood Or Breath Test
Another strategy DUI attorneys employ is challenging the timing of the test. Blood alcohol concentrations fluctuate with time. A person can have a BAC that was below the legal limit while driving but jumped above the limit later due to the body’s normal absorption.
A lawyer could argue that if a significant amount of time passed between the traffic arrest and the Breathalyzer/blood test, the BAC level does not accurately reflect a driver’s driving condition. This defense is most effective in cases when the arresting officers waited for a prolonged period before performing the test.
Conclusion
Although blood tests and Breathalyzer tests are used frequently as evidence in DUI trials, they’re not infallible. A DUI lawyer with experience can use a number of defenses to challenge the accuracy of these tests. These include questioning the Breathalyzer and identifying any errors that may have occurred during the blood test. You can reduce or even dismiss DUI charges by having an experienced DUI lawyer on your team.
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