Failed a blood or breath test? Don’t worry. Your DUI defense attorney can help.
If you fail a blood or breath test, you must be guilty of DUI, right?
These tests are not perfect, and it is entirely possible for a skilled DUI defense attorney to challenge the results of a blood or breath test that seems to put your BAC over .08. If the challenge is successful, the charges against you may be dismissed or reduced.
The Trouble with Breath Tests
The biggest issue with breath tests is that they cannot distinguish between the methyl compounds naturally occurring on the breath due to illness or diet and the ethyl alcohol compounds indicative of drinking. This means that incorrect BAC readings are common for:
- Untreated diabetics
- People who are fasting or on a weight reduction diet
- Long term smokers
- Workers exposed to paint, glue, or lacquer fumes
- Acid reflux sufferers
Even if you do not fit any of these descriptions, it is still possible for a breathalyzer test to give an incorrect reading due to:
- Errors in the administration of the test
- Improper calibration and maintenance of the equipment
- Equipment malfunctions
Are Blood Tests Any Better?
Blood tests are more reliable than breath tests when it comes to measuring BAC accurately. However, these tests are still subject to human error. Some possible problems that could interfere with your test results include:
- Contaminated medical equipment
- Improperly maintained and/or calibrated testing equipment
- Improper storage or transportation of the blood sample
- Poorly trained blood technician
So Which Test Should I Take?
There is no easy answer to this question. It depends on the circumstances of your arrest and a variety of other factors. However, if you believe your BAC is under the legal limit, it is highly recommended that you take the blood test. Not only is the blood test more accurate; it also allows for a sample to be stored and potentially retested if there is any question about your results in the future.
Chambers Law Firm Can Challenge Either Test
Of course, regardless of which test you take, Chambers Law Firm has the skills and experience required to identify and exploit any potential flaws in the test procedure or test results. As your DUI defense attorney, you can rely on us to incorporate a blood test or breath test challenge into your defense strategy as appropriate.
If you are concerned about a blood or breath test taken during a DUI arrest, contact Chambers Law Firm right away. We will be happy to set up a free initial appointment for you to discuss your case.