Breath test and blood tests results are consider as the most compelling evidences against a person who has committed a DUI offense. The evidences gathered has big effect when presented in the court but also poses significant blow is the DUI lawyer can suppress it. DUI officers are trained to carefully scrutinize procedures, maintenance and repair records and calibration records of the testing equipments, However, despite the critical evidences that may affect the case, there are several ways that DUI lawyers can do to challenge the test results.
Let's say that the Breathalyzer test is admissible to the trial. In order to challenge this evidence, the defense must determine the weight of the evidence and dispute the accuracy and precision of the test. The challenge may come when the Defense attorney called his expert witness to scrutinize the presented material. Moreover, he can get the state's own expert's observation to concede the problems of challenging the Breathalyzer test results. In other words, the state witness can release a statement saying that the breath test machine have problems in determining the level of alcohol in the body which will result for the certain evidence to appear inaugurate.
Here's another situation. What if the offender refuse to take the tests? If that would happen, the state can argue that the refusal was done out of a consciousness of guilt. However, the DUI lawyer can rebut that taking several test evokes fear, stress and panic which makes it difficult for a person to make an informed decision whether to take the test or not. In a DUI case, you must remember that an officer can freely decide to arrest you if he thinks that you are impaired by alcohol. The moment you take the test and finds out that you are above the limit, he will eventually file a detention.
Blood testing on the other hand is the most accurate way of determining the level of BAC in the body of the offender. The results of this test is expectedly admissible to the court. In this case, the DUI lawyer can challenge the evidence by knowing if the technician who draws the sample blood cleaned the draw site with an alcohol-based product. In getting blood samples, the technician must be very careful to the materials that he is using, otherwise, the sample will be contaminated with other substance which can possibly affect the outcome of the result.
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