Challenging Breathalyzer and Blood Test Results in DUI Cases

Breathalyzer and blood test results are critical pieces of evidence in DUI cases. However, these tests are not infallible, and their accuracy and admissibility can be challenged in court. As an experienced DUI defense lawyer, I will now explore the common issues with breathalyzer and blood tests, strategies for disputing their results, and the importance of having a skilled DUI defense attorney.

Breathalyzer Tests

Breathalyzer tests measure the concentration of alcohol in a person’s breath to estimate their blood alcohol concentration (BAC). While breathalyzers are widely used by law enforcement, several factors can affect their accuracy.

Calibration and Maintenance: Breathalyzers must be regularly calibrated and maintained to ensure accurate readings. If the device is not properly maintained, it can produce incorrect results. An experienced attorney can request maintenance records to verify if the device was functioning correctly at the time of the test.

User Error: The accuracy of a breathalyzer test depends on the proper administration by the officer. Inadequate training or failure to follow proper procedures can lead to inaccurate results. Cross-examining the officer about their training and the administration of the test can reveal potential errors.

Mouth Alcohol: Residual alcohol in the mouth from recent drinking, mouthwash, or medical conditions like acid reflux can affect breathalyzer results. This can lead to falsely elevated BAC readings. An attorney can present evidence of these factors to challenge the test results.

Environmental Factors: External factors such as temperature, humidity, and the presence of certain chemicals can interfere with breathalyzer readings. Highlighting these factors can cast doubt on the accuracy of the test.

Blood Tests

Blood tests are considered more accurate than breathalyzer tests, but they are not without issues. The process of collecting, storing, and analyzing blood samples can introduce errors that affect the results.

Chain of Custody: The chain of custody refers to the documentation of the handling and storage of a blood sample. Any break in the chain of custody can compromise the integrity of the sample. An attorney can examine the chain of custody records to identify potential issues.

Contamination: Blood samples can be contaminated during collection, storage, or analysis. This can lead to incorrect BAC readings. An attorney can request lab records and cross-examine lab technicians to uncover potential contamination issues.

Improper Storage: Blood samples must be stored under specific conditions to prevent degradation. Improper storage can affect the accuracy of the test results. An attorney can investigate storage conditions to determine if they could have influenced the results.

Medical Conditions: Certain medical conditions, such as diabetes or high ketone levels, can affect blood test results. Presenting medical evidence can provide alternative explanations for elevated BAC readings.

Legal Strategies for Challenging Test Results

Challenging the results of breathalyzer and blood tests requires a thorough understanding of the testing processes and potential issues. Here are some strategies used by defense attorneys:

Questioning the Validity of the Tests: Attorneys can challenge the validity of the tests by examining the calibration, maintenance, and administration of breathalyzers, as well as the chain of custody and storage of blood samples.

Presenting Expert Testimony: Expert witnesses, such as forensic toxicologists, can provide testimony on the potential inaccuracies of breathalyzer and blood tests. Their expertise can help cast doubt on the prosecution’s evidence.

Cross-Examining Witnesses: Cross-examining law enforcement officers and lab technicians can reveal inconsistencies, errors, and procedural failures that undermine the reliability of the test results.

Filing Pre-Trial Motions: Attorneys can file pre-trial motions to suppress the test results if there are grounds to believe the tests were improperly conducted or the evidence was unlawfully obtained.

Alternative Explanations: Presenting alternative explanations, such as medical conditions or environmental factors, can provide reasonable doubt about the accuracy of the test results.

Concerned about the accuracy of breathalyzer and blood test results in your DUI case? Our latest blog post explores common issues with these tests and strategies for challenging their reliability in court. Learn how factors like calibration, user error, and medical conditions can affect test results and how an experienced attorney can help dispute this critical evidence.

Why Choose Us? At The Law Offices of David L. Freidberg, we have decades of experience defending clients against DUI charges. We know how to challenge breathalyzer and blood test results to protect your rights and build a strong defense. Contact our firm for your free consultation and case review.

Contact us today for a free consultation 24/7: 📞 (312) 560-7100 📞 Toll-free at (800) 803-1442

We proudly serve clients throughout Chicago and the surrounding areas. Let us help you fight for your future. Read the full article on our website for more detailed information.

Why Choose Us? At The Law Offices of David L. Freidberg, we have decades of experience defending clients against aggravated DUI charges. Our team understands the complexities of these cases and knows how to challenge the evidence and protect your rights. Contact us for a free consultation.

Contact us today for a free consultation 24/7: 📞 (312) 560-7100 📞 Toll-free at (800) 803-1442.

We proudly serve clients throughout Chicago and the surrounding areas. Let us help you fight for your future. Read the full article on our website for more detailed information.