Just because you failed a blood, breath or urine test does not necessarily mean a criminal defense attorney cannot get a Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) charge reduced or even overturned.
How to Challenge DUI and DWI Blood, Breath and Urine Test Results
It is illegal to drive a motor vehicle with a blood alcohol content (BAC) of 0.08 percent or higher. When police pull drivers over under the suspicion of DUI or DWI, they use chemical tests to check the BAC level in the driver’s saliva, blood, breath or urine. If the results of these tests show that a driver has a BAC of 0.08 percent or higher, then the prosecution will use it as a key piece of evidence to pursue a DUI or DWI conviction. However, if the defense can challenge the accuracy of these tests, then they can sometimes prevent the prosecution from being able to use the results in the case against a DWI or DUI suspect. A few of the ways the defense can challenge a chemical DUI test includes:
- Failure to warn – In some states, refusing to take a chemical test will result in your driver’s license being suspended. If the police fail to warn you that your license will be suspended if you refuse a chemical test, you may be able to prevent the results of the test from being admitted as evidence. In addition, many states allow you to have a choice as to which chemical test you would prefer to take. If the arresting officers do not offer you a choice about which chemical test you would like to take, it may make the results of the test inadmissible.
- Improper administration – If the device used to administer the test was faulty or not calibrated properly and you can prove it, you may be able to ensure the results of the test cannot not be admitted as evidence. Similarly, if the technician administering the test does not follow the required steps for administering the test, the results of the test may be inadmissible.
These are just a couple of the defenses that can be used to challenge the results of DUI and DWI blood, breath, saliva and urine tests. For more information about DWI and DUI defenses, contact the Law Office of Louis J. Goodman. Criminal defense attorney Louis J. Goodman has years of experience successfully defending the rights of people charged with DWI, DUI as well as other charges. He is tough, professional and respected. Call now to set up a free consultation to discuss your situation with him.
The DUI Defense Attorney for You
Whether this is your first DUI/DWI or you have multiple offenses, Louis J. Goodman is the experienced criminal defense attorney for you. He can explain your rights and provide you with knowledge of what is likely to happen in your case. This knowledge can make an extremely stressful time easier to handle.
In some cases, an attorney may determine that you have a strong defense that may warrant a case dismissal or an acquittal after a trial. Louis J. Goodman is the perfect attorney for the job.
If you have previous DUI/DWI convictions, Louis J. Goodman may mean the difference between a significant time in jail or alternative sentencing.
Schedule a Free Consultation
If you need an Alameda County criminal defense attorney, please call Louis J. Goodman to schedule a free consultation. Call (510) 582-9090 or by email. As a criminal defense lawyer, Louis J. Goodman will advise you of your rights and, if retained, develop a comprehensive legal strategy for your defense.
Driving under the influence additional restrictions (SB 61): You better reconsider getting behind the wheel after a few drinks. This law extends the existing Ignition Interlock Device (IID) pilot project to Sacramento and Tulare counties. According to the law, a person convicted of a DUI has to install an IID for five months upon a first offense, 12 months for a second offense, 24 months for a third offense, and 36 months for a fourth or subsequent offense.