I have never been one of those people who runs with the wrong crowd, but about six months ago, I knew that I was in trouble. I was with someone when she did something against the law, and it made me a suspected accomplice. I knew that I needed help to prove my innocence regarding the involvement, so I started going through and talking with different criminal attorneys. I was able to find a great lawyer that really understood my position, and he did everything possible to prove my innocence. This blog is all about proving your innocence in court, so that you can move on with your life.
If you've found yourself behind bars and accused of being under the influence, you were likely subject to at least one of the three main biological methods of alcohol testing. While most people are familiar with field sobriety tests like the walk-and-spin and following the light pointer, those tests are considered too subjective to be used alone to obtain a conviction for a driving under the influence (DUI) charge. To get a general idea of how these breath, urine, and blood tests work, read on.
The breathalyzer is a small device that measures alcohol as it is metabolized through the exhaled breath. The numerical reading corresponds with a percentage measurement that is (inaccurately) referred to as blood alcohol level. Breathalyzer testing can provide law enforcement with an estimate of inebriation, but are too crude in nature to be 100% accurate. There are many issues that can affect the accuracy of a breathalyzer. For example:
This type of test has been shown to be inaccurate and is seldom in use any longer. The way the sample is collected, stored, the timeliness of the test, and the testing method can skew the results a great deal.
Unlike the above methods of testing for the presence of alcohol, this form of testing is invasive. When you perform a blood test, it is considered a medical procedure and forcing a person to have a medical procedure against their will is very controversial. A case before the Supreme Court about no-warrant blood draws is still pending, but at this time they are still legal in many states.
The issue of blood alcohol testing goes beyond the legality of it, however. This procedure must be performed by trained medical personnel, preferably in a medical setting. What happens to blood sample afterward can affect the accuracy of the results. The blood sample must be kept in a secure and appropriate container, at a certain temperature and transported to the lab within a certain period of time. Blood samples that are not handled property can coagulate and decompose and this can lead to false positive results.
All of the above forms of biological testing can be challenged by your DUI defense attorney. Speak to an attorney about your case as soon as possible.Share