Blood And Breath Tests Are Not Always Accurate
Blood and breath tests are law enforcement’s most common means of determining driver intoxication. It is well-known that the strength of a DUI case is often determined to a great degree by blood alcohol concentration (BAC), which is usually quantified through breath testing. Based on breath test evidence, driver’s licenses can be suspended, people can be ordered to pay high fines and be subject to insurance premium increases, and they can be sent to jail. With this much riding on tests, an effective defense against DUI charges should involve questioning the results.
At Pearson & Paris, P.S.C., our criminal defense attorneys provide aggressive representation in all types of DUI and vehicular criminal cases. In forming a defense strategy for you, we will always take into account the possibility that a field sobriety test, breath test, and blood test results may not be accurate. Contact us if you or a loved one has been charged with DUI.
Breath and Blood Testing Defense Attorneys With Scientific Insight
Law enforcement authorities and prosecutors rely on blood and breath test evidence in a manner that assumes that the tests are scientifically accurate and unquestionable. Our attorneys believe that since breath tests involve fragile devices and fallible people – and since the tests concern complex biological and chemical factors like absorption rates, metabolism, gas exchange and lung functioning – the results are not always accurate.
In defending our clients against DUI charges, we can challenge blood and breath test evidence in numerous ways:
- By relying heavily on private forensic toxicologists who can present a “second opinion” that contradicts the assumptions made by law enforcement and the prosecution;
- By questioning the functioning, calibration and certification of the specific Intoxilyzer device that was used at the time of arrest
- By investigating the credentials of the officer or lab technician who processed the evidence
- By exploring deviations that can render a test inaccurate
- By challenging the viability of a particular blood or breath sample
We can also help in cases where the refusal to take a blood or breath test resulted in serious consequences for a driver.