Chemical tests are commonly administered to determine blood alcohol content (BAC) of individuals arrested for drunk driving. However, the admissibility of these chemical test results depends on whether the police officer administered them appropriately. You should hire a DUI attorney David Willis to evaluate your case and determine whether the results are admissible in your DUI case.
The results of a Breathalyzer test are admissible only if the police officer that administered the test was properly qualified, the test was conducted according to proper standards and guidelines, and the machines used for testing were accurate and calibrated.
Blood or Urine Test
Similar standards apply to blood or urine tests that check for an individual’s BAC. A good DUI attorney will also examine the laboratory qualifications and certifications of the technicians, the chain of custody of the sample, and the reporting procedures for the results.
Checking for Errors
Various errors can be made in the administration of these tests, including:
- Faulty testing procedures
- Lack of adequate training of the technician
- Lack of proper inspections of the facility
- Disregard or negligence of regulations on sample handling
Specifically, in the case of a blood test, contamination is possible if the puncture site was not cleaned with an alcohol swab prior to the testing. This will result in a higher BAC level. Your DUI attorney will look for possible errors to either reduce your DUI charges or have them dismissed altogether.
Refusing Administration of Chemical Tests
You always have the option to refuse the administration of chemical tests. Although the prosecution will have to prove its case without the chemical evidence, the refusal itself can be used as evidence against you. However, a good DUI attorney may be able to show that your refusal was not actually a refusal, but simply your desire to seek counsel prior to being administered the test.
If you have been charged with a DUI, it does not mean that you will automatically be convicted. Your DUI attorney will examine all the evidence, including the objective results of the chemical tests, and prepare a strong defense that will cast doubt in the jury’s mind on the validity of the prosecution’s case.
For more information or to schedule a complimentary consultation with a DUI attorney, contact David Willis at (901) 383-3283.