Breath or blood test results play a large part in DUI cases, but these results can be challenged by an experienced attorney. Here’s what you should know if you or a loved one is facing a DUI charge.
Significance of Breath and Blood Test Results
Because the results of breath and blood tests play a central role for the prosecution in making their case, they are considered to be crucial evidence; so much so, in fact, that a successful challenge by a DUI attorney can weigh heavily toward a positive outcome for the defendant. Throwing doubt on whether the driver was under the influence can potentially lead to the dismissal of charges.
Challenging the Legal Process Leading to the Test
During the course of defense, a DUI attorney may address the following:
Reasonable Suspicion
The police must have a valid reason–called reasonable suspicion–to pull you over. Common examples might be speeding or erratic driving. If they didn’t, if the police had no other reason to stop you, then the entire incident can be challenged as being invalid. By association, this might make any subsequent evidence, like a breath or blood test, invalid as well.
Probable Cause for Arrest
The factor of probable cause must be present in order for the police to legally make a DUI arrest. Examples of probable cause include driving behavior, appearance, field sobriety tests, or evidence like an open container.
Implied Consent Law
The law of Implied Consent applies if you were operating the vehicle on a public highway and were arrested within three hours of being pulled over. If these two conditions weren’t met, the test results could be challenged by your DUI attorney.
Challenging the Test Results
Your DUI attorney has other avenues available to challenge a breathalyzer test. Such as challenging the results themselves. There are at least three ways to approach this method:
- False Positives: Certain underlying medical conditions, such as smoking and exposure to certain chemicals, can cause breath tests to produce false positives.
- Calibration of Machines: Proper calibration of breathalyzers is essential for accurate results. If the police can’t show that the breathalyzer was properly calibrated prior to the administration of the test, the results can be disputed.
- Chain of Custody: Chain of custody must be intact for blood tests. If there are gaps for any reason, the results can be challenged.
Importance of Legal Representation
An experienced DUI defense attorney can identify and challenge any mistakes or omissions made by the police or challenge the test results directly. This can lead to evidence being thrown out, weakening the prosecution’s case and potentially leading to a dismissal. The average person accused of DUI would not have the resources to be able to present these challenges to the court without legal representation.
Immediate action is imperative to maximize the potential for a positive outcome. If you or a loved one has been charged with DUI in Norfolk and surrounding areas, contact Welch & Wright, PLLC, for a free consultation to discuss the case.
Written By Nick T. Wright
Attorney Nick T. Wright is one of the founders of Welch & Wright, PLLC. Nick T. Wright focuses his practice on criminal defense cases, particularly ones involving DUI defense, traffic violations, petty theft, and nonviolent sex offense cases. Nick Wright has handled thousands of cases in Hampton Roads, the Greater Richmond, VA area, and northern Virginia. He received his law degree from the University of Richmond School of Law. Nick T. Wright is associated with the Virginia Association of Criminal Defense Lawyers (VACDL) and the National College of DUI Defense (NCDD), among other affiliations.
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