Breath & Blood Tests

How a Drunk Driving Attorney Can Prove BAC Tests False

When an officer suspects that someone is driving while under the influence of alcohol, the officer will administer a breath or blood test to determine the BAC of the driver. If you took a breath or blood test and scored over the legal limit of 0.08%, you may feel that there is no way for you to avoid conviction. However, a breath or blood test is not the "be-all, end-all" when it comes to evidence in your DUI case. There are many valid reasons why breath or blood test results may be thrown out of court, but it takes a trained eye and a legal professional to determine which defense strategy should be used for your case.

A DUI attorney should have the necessary experience and skill to challenge the result of any BAC test. There are so many ways these can be proven false, and bringing this information up in court can work to reduce or eliminate criminal charges you are facing. Get your free consultation from The Samuelson Law Firm for more information.

Arrested for a DUI after a breath or blood test?

There are many ways that a breath and blood test can be proven false. Some of these are directly related to the administration and concerns with the testing devices themselves, while others relate to the failure of law enforcement to test your BAC in accordance with the law.

A breath test is easier to disprove in court. There are many factors that can give an incorrect read on a breath test. Some of the following can be argued in court:

  • The defendant ate or drank something a few minutes before the test
  • The defendant vomited a few minutes before the test
  • The defendant was on cough medicine, or something similar, that gave a false reading
  • Machines were not properly calibrated and gave a false reading
  • Testing was granted during the absorption phase of your alcohol consumption
  • Existing medical conditions contributed to the miscalculation of the tests
  • Environmental conditions that affected the breath sample
  • Fermentation of the blood while in the lab
  • Blood experienced contamination once it was extracted

Generally, blood tests are considered more accurate than breath tests. However, there can still be factors that may warrant the blood test being thrown out. If the test sample was not properly handled, it could have become contaminated. Similar to breath tests, if the machine was not properly maintained, the results may be skewed.

Speak Now With a Colorado Springs Criminal Defense Attorney

At The Samuelson Law Firm, I have over 15 years of experience handling DUI cases. Whether a minor DUI charge, or even something like vehicular manslaughter, I will do everything I can to aggressively fight your case and give you the best defense possible. Many factors go in to determining the DUI penalties for each particular conviction, and my goal is to minimize the penalties you will be subjected to, if not have your charges dropped altogether.