Tuesday, May 13, 2014

Challenge Breath and Blood Test Evidence

Contrary to what prosecutors and law enforcement may want you to believe, failing a breath or blood test does not mean that you are guaranteed to be convicted of drunk driving. Although these forms of BAC testing may be more accurate than field sobriety testing, they are not without their flaws.

Below we will cover some of the different defenses that can be used to challenge the breath or blood evidence the prosecution tries to use in your DUI case.

Breath Test Evidence

The results of your breath test could be inaccurate if any of the following factors were involved:
  • The officer was not certified in administering the breath test
  • The breath machine was calibrated incorrectly
  • The breath machine was not properly maintained
  • The breath machine was broken or functioning incorrectly
  • The officer did not observe you for 15 minutes before administering the test to ensure that you did burp or vomit prior to being tested
  • The officer administered the test more than two hours after you were arrested
  • The breath machine picked up alcohol in your mouth, rather than alcohol on your deep lung air
  • You have a physiological condition such as acid reflux or heartburn which caused a false reading

Blood Test Evidence

There are strict regulations that must be followed when a person’s BAC is measured through blood testing. Your results could be erroneous if any of the following occurred:
  • The sample was taken too long after your arrest to give an accurate reading
  • The technician who drew or tested your blood was not properly certified
  • The technician cleaned your skin with an alcohol-based product before drawing your blood
  • Your blood sample was incorrectly labeled
  • Your blood sample was stored incorrectly and the sample was compromised
  • The chain of custody for the sample was broken, during which the sample could have been mixed up or contaminated
If you are facing DUI charges in Las Vegas or Clark County, it’s important that you talk to a lawyer before making any legal decisions. De Castroverde Law Group’s DUI attorneys can evaluate your situation to discover errors made in your case and determine which defenses are available to you. Contact us today to speak to our team!