Challenge the Results of a Chemical Test
DUI prosecutors like to use the results of a chemical test as airtight evidence that the defendant was drunk behind the wheel. If the results of the test are at or above .08%, the prosecution will argue that the suspected drunk driver is guilty of driving under the influence, no questions asked.
However, there are many ways a DUI defense attorney can challenge the results of a breath, blood or urine test.
What Could Go Wrong?
Many errors can occur during the administration of a chemical test. There are many reasons a person could “fail” a test even if he or she did not truly have a blood alcohol content at or above the legal limit.
An experienced DUI defense attorney should ask very pointed questions while investigating your case, including:
- Did the person who administered the test follow the proper protocol?
- Was the person who administered the test qualified to do so?
- Was the sample (breath, blood or urine) tested properly?
- If it was a breath test, was the breathalyzer machine calibrated properly?
- If it was a blood test, was the sample stored properly?