If you've been charged with a DUI, you may be wondering if there is any hope of challenging the breathalyzer or blood test results. The good news is that a skilled DUI lawyer can employ a range of strategies and techniques to challenge the validity and accuracy of these tests.
In this article, we will explore some common methods used by DUI lawyers to challenge the evidence presented in DUI cases.
Proving equipment malfunction
DUI lawyers often start by thoroughly examining the breathalyzer or blood testing equipment used in the case. They may challenge the maintenance records, calibration procedures, and certifications of the devices to determine if any errors or malfunctions occurred during the testing process. If it can be shown that the equipment is faulty or not functioning properly, it can raise doubts about the accuracy of the test results.
Questioning proper administration
DUI lawyers will scrutinize how the breathalyzer or blood test was administered. They will look for any deviations from the correct procedures or violations of the defendant's rights. For example, they will investigate whether the person conducting the test was qualified and properly trained, whether there was a proper observation period for the breathalyzer test, or if proper protocols were followed during the blood test.
Challenging the blood test results
Blood tests are considered to be more accurate than breathalyzer tests, but they are not infallible. DUI lawyers may challenge the handling and analysis of the blood samples, including the chain of custody, storage conditions, and the qualifications of the lab technicians. They may also challenge the accuracy of the BAC (Blood Alcohol Concentration) calculation by questioning the assumption of a constant blood-to-breath ratio.
Presenting alternative explanations
DUI lawyers can also challenge the results by offering alternative explanations for the elevated BAC levels. They may argue that certain medical conditions, the consumption of certain foods or drinks, or the use of certain medications could have influenced the test results, leading to an inaccurate reading.
It's important to note that each DUI case is unique, and the strategies employed by a DUI lawyer will depend on the specific circumstances and the evidence presented. The goal is to create reasonable doubt regarding the accuracy and admissibility of the breathalyzer or blood test results.
If you find yourself facing a DUI charge, it is essential to consult with an experienced DUI lawyer who can assess the strengths and weaknesses of your case. Experienced professionals can offer valuable guidance regarding effective strategies to contest breathalyzer or blood test results. They can also assist you in navigating the legal system to achieve the most favorable outcome possible.
Contact a local DUI lawyer to learn more.