Blood & Breath Tests

Norfolk DUI Attorney - Challenging Test Results in Your Case

One of the ways law enforcement officers test drivers for possible drug or alcohol impairment is through chemical testing, which includes blood and breath tests. For those suspected of drinking and driving, these tests are used to determine whether the driver's blood alcohol concentration (BAC) is above the legal limit.

The legal BAC threshold for drivers is 0.08%, though the limit is lower for commercial drivers and drivers under the age of 21. Blood tests can also be used to detect drugs in drivers' systems. While law enforcements officers and prosecutors will try to present these test results as fully accurate, the reality is that these types of tests can often be flawed.

Factors such as a driver's physiology, the way the test is administered and the maintenance of testing equipment can end up leading to false test readings, which can in turn lead to wrongful convictions. In fact, there have been many cases in which it has been shown that there were technical errors with testing equipment or errors made by individuals administering these tests.

If you are facing a possible DUI conviction that is based on failed breath or blood test results, you should consult with an attorney who is familiar with how to challenge DUI evidence. At Curcione Law, you can work with a Norfolk criminal defense lawyer who can help you fight a conviction in your DUI case.

Defenses Against Breath Tests & Blood Tests

Some common factors & flaws that can lead to false test results in blood & breath testing used for the purposes of determining impairment:

Blood Tests

• Errors made by the person drawing blood
• Incorrect storage of the blood sample
• Errors made by lab technicians
• Technical malfunction of machines used to test the blood

Breath Tests

• Incorrect administration of breath test by law enforcement officer
• Incorrect maintenance of breathalyzer device
• Technical malfunction of breathalyzer device
• The test taker incorrectly blowing into the device
• The test taker's physiology
• The test taker's use of products with alcohol ingredients before testing

Importance of Working with a Lawyer

When a person is convicted of DUI, he or she can end up suffering from penalties such as jail time, driver's license revocation, fines and more. Furthermore, the individual will have to deal with having a criminal record. With so much at risk, it is not worth it to go through your case without the appropriate legal representation. If you are charged with alleged DUI, it is important that you take the necessary steps to avoid conviction and the various DUI penalties you are facing.