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DUI Breath and Blood Tests - Get answers from a DUI Lawyer!
Breath and blood tests are an important part of any DUI case. After a driver is arrested for suspected drunk driving, law enforcement will request that he or she take a breath test or blood test (Or in limited circumstances, a urine test) to determine the presence of alcohol and/or drugs in the driver's system. At this time, law enforcement should also inform the driver of the potential consequences of refusing a breath or blood test: driver's license suspension.
Defenses to Breath Tests and Blood Tests
Challenging breath test (Also referred to as the breathalyzer) or blood test results will be a necessary part of most drunk driving-related cases. Your Breathalyzer DUI Attorney should be able to evaluate all aspects of your case and of your chemical testing to determine precisely how to challenge your test results. Following are some examples of potential defenses that your Attorney may use to challenge a breath test or a blood test reading:
- The test was not administered properly
- The person who administered the test was not trained or qualified
- The breath test device was not properly calibrated
- The driver was not observed for 15 minutes prior to the breath test to ensure he or she did not belch or regurgitate
- The blood sample was not mixed or handled properly
- There was a mistake made when testing the blood sample
Additionally, there are certain factors which may bring into question the accuracy of a breath test, such as the driver's weight, metabolism, and body temperature, or a physical condition which may have led to a false reading, such as oral fixtures (dentures, braces) that may have pooled alcohol, gastrointestinal disorders, or a special diet - these key points are things that an experienced Breathalyzer DUI Attorney will be able to help you with when your case is up for review.