September 30, 2013
Fighting Against Breath and Blood Testing in DUI
It is very common for police to conduct a breath test on speeding drivers and other traffic law breakers. This is known as drinking under influence test (DUI). Some states also require the culprit to do a blood test to measure more accurately how much alcohol they had consumed but this is usually under the discretion of the officer in charge. Like most cases, many people want to fight against a DUI either before it gets to court or during because such a case will give you a criminal record and can even cost you your driving license. Various states have different laws about DUI cases, some more dismal than others but great lawyers can find loopholes and there is often a way out.
Fighting against Breath and Blood Testing in DUI Cases
1. The first step is to learn as much as you can about how to overthrow such charges. Take some time to research the subject.
2. Hiring an attorney is next because you need professional defense. This is not something you want to attempt to handle on your own. Retain an attorney who specializes in DUI cases but don’t blindly leave everything to them, that’s why you did step 1. This is your future so ask questions regarding any options you might have.
The method used to test blood for substance is complicated and it’s not easy to prove who owns that blood sample without DNA testing, which is costly. These tests are done by imperfect people and any proof of unreliability of the test or the testing lab will lead to dismissal of your charges. The blood sample can also be contaminated between collection time to testing time because of improper training of the drawer. If the integrity of the blood sample is questionable the attorney will argue invalidity and the case gets thrown out.
Breathalyzer results can also be proved otherwise because of the way they are handled in the field among other reasons. A good lawyer will be able to argue this because they have knowledge in chemical testing.
3. Do not plead guilty. This is the fastest route to getting you a criminal record. Fight with all your might and knowledge.
4. Review your arrest details, any violation of rights on your part and if the tests were improperly done is reason enough to dismiss the case.
To learn how you can protect yourself from DUI charges, contact Daniel C. Miller Attorney at (816) 875-0470 to consult an attorney.