Blood test is often a key piece of evidence in DUI cases. Working with a lawyer experienced in challenging such evidence can greatly benefit anyone arrested for DUI. In the state of Nevada, a DUI conviction relies heavily on blood test evidence. When one is found to be driving with a BAC level of 0.08 percent or higher, he or she is considered to be driving under the influence. The driver will not only face a criminal charge, but will face license suspension as well. An experienced Las Vegas criminal defense lawyer may be able to challenge the evidence garnered during the blood test.
This can be done by attacking several key elements:
When a blood test is improperly administered, improperly transported, or improperly handled, it can yield faulty results. In one example, it can be found that blood tests were left too long at the laboratory, causing them to ferment. Fermentation produces alcohol naturally, thus, the blood alcohol content could be shown to be much higher than it was in reality. Incorrectly administered or evaluated blood evidence is a possibility that must be explored early in the case. In some cases, our firm will do an independent lab test on the blood; in other cases, a thorough investigation with the help of experts yields positive results for the defense.
After a driver is pulled over, he or she is asked to submit to a breath test, which is done to determine the BAC of an individual. If the result of the breath test shows that the driver’s BAC level was above 0.08 percent or higher, her or she will be arrested and face DUI charges. If convicted, the individual could be made to spend time in jail and pay large fines.
There are many ways in which a breath test can be challenged. For example, if the person administering the test is not well-trained or if the test is administered wrongly, it can yield false results. Additionally, there have been instances when the equipment used was later found to be defective. Just because your breathalyzer test came back with a result of 0.08 percent or higher does not mean that you will be convicted of a DUI.
There is specific protocol that must be followed to perform an accurate breath test. The individual should not eat or drink up to 15 minutes prior to the performance of the breath test. In addition, if the individual belches within those 15 minutes, the results are considered inaccurate. Proper calibration must also be done on the instrument before performing the test.
In many DUI cases, the accuracy of chemical tests has been disputed. Having a DUI attorney investigate every aspect of your DUI case, including the chemical test, can be extremely beneficial. No matter how serious your DUI charge may seem, there are still many defense options available to you. Please call our firm today so that we can discuss your options.
Do not hesitate to contact a Las Vegas DUI attorney from the firm today.
Police standardly use the breath test but it has a high incident of error, which when shown to the court by Okabe & Haushalter, can result in a successful motion to have the test evidence thrown out. Since these are sensitive instruments, they need to be maintained and calibrated on a regular schedule. Therefore, errors can occur if the testing equipment is not properly cared for.
Other factors that could create errors have to do with the conditions present in the person being tested. For example, heartburn or acid reflux can produce mouth alcohol that will give a false read. Certain diets such as the Atkins can cause the production of isopropyl alcohol.
Blood tests are also prone to contamination and, if your blood sample has been preserved, your lawyer can ask for an independent analysis of the blood. Common errors with this specific kind of chemical test include the administration of the test itself (ex: swabbing the drawing area with an alcohol-based solution) or how the blood sample is handled (ex: breaking the chain of custody).
Speak to us before you do anything or make any statements to the police. The criminal defense attorneys of Okabe & Haushalter are experienced in defending DUI charges. We can provide you with aggressive, experienced legal counsel. We are headed by a former Deputy District Attorney, Ryan J. King, who makes sure all our clients cases are provided with thorough legal strategies.