Challenging the DUI Breath and Blood Tests
If you have recently been arrested for failing a sobriety test in Washington, not all is lost. Callahan Law firm has experience in challenging the DUI breath and blood tests. Our attorneys will carefully review your case to determine whether a mistake has been made or to find evidence that is favorable to you. The results of the breath test are the most compelling evidence that can be used against you in a drunk-driving case. The breath test is used to determine your blood alcohol content, or BAC. While this evidence may be the most damaging, it will unravel the prosecution’s case if it is suppressed. Your defense attorney will carefully scrutinize how the breath test was administered as well as the machine’s maintenance, repair, and calibration records.
To challenge the breath test results during trial, your attorney will try to dispute the accuracy of the breath-testing machine by bringing up the maintenance and calibration of the device, as well as if the officer improperly administered the breath test. In some cases, an expert witness may be brought in to testify on your behalf.
An experienced DUI defense attorney will also be able to get the prosecution’s witnesses to admit that there are problems with the breath test. For example, the witness may say that the breath-testing machine has difficulties distinguishing between mouth alcohol (which may be caused by mints or gum) and deep lung alcohol. If the breath test result is based on mouth alcohol, it is considered inaccurate.
If the officer suspects that a driver is under the influence of drugs, the driver will be asked to submit to a blood test at a hospital or other medical facility following arrest. There are very strict procedures that must be used during a blood test, and if they are not met, the results of the blood test may be suppressed.
The difference between blood alcohol content and blood results that come up positive for drugs is that there is a legal limit for alcohol (0.08 percent) but there is no legal limit for driving under the influence of drugs. Different drugs affect people in different ways.
If you are interested in challenging your DUI breath and blood tests, contact Callahan Law today.
