If a driver is operating a motor vehicle while with a BAC of .08% or greater, as determined by a breath or blood test, he or she is considered to be driving “under the influence” and may be charged with DUI. The driver will also face driver’s license suspension by the Nevada Department of Motor Vehicles (DMV). These tests are believed to be more “scientific” in nature and therefore more foolproof; however, it does not necessarily mean that they will be without flaws. With the assistance of an experienced DUI defense firm, you can attack the validity of these tests and will be able to combat the charges.
Breath Test – Challenging the Evidence
One of the most common forms of chemical testing is that of the breath test. The process for this test is simple and will almost automatically deliver the results of the test. All a subject will need to do is breathe into the machine’s mouthpiece (commonly referred to as a Breathalyzer) and deliver a breath sample from a deep breath – one from the lungs, not shallow breathing. The machine will then analyze this sample and deliver back a reading of the subject’s blood alcohol concentration (BAC) to let the officer know whether or not the subject is over the legal limit.
This is common and therefore many people believe it is a solid form of testing. The truth, however, is that there are many flaws associated with this type of test. For example, it is mandatory that the Breathalyzers receive regular calibration to ensure that they are delivering accurate results. If they have not been checked lately, the results will be unable to be thoroughly relied upon. Even if the machine is running 100% accurately, however, there are other factors that could cause a false reading – such as the existence of mouth alcohol throwing off the machine.
What are the flaws of DUI blood tests?
Following the breath test, you may be asked to submit to a form of DUI testing known as the blood test. This is typically administered either at the police station or the local hospital, because the blood must be drawn by an authorized and fully trained professional. This blood sample is then sent to the lab and will be tested using the most sophisticated of equipment and will deliver the most accurate results regarding the BAC of the subject.
Even this, however, is prone to error. If the person who drew the sample was not properly trained, or failed to follow regulation procedure, your sample could be tainted. To test BAC through blood testing, it is required that the draw spot is sterilized with a product that does not have any alcohol in it (as this could contaminate the sample). If they cleaned the subject’s draw spot with an alcohol-based product, the sample would be skewed.
Similarly, if the sample was not stored with the proper amount of anticoagulants or preservatives, it could begin to clot. The largest mistake, however, is simply in tracking where the sample is and who has access to it. If the sample leaves the possession of the authorized personnel, chain of custody is broken, and the results could be ruled invalid.
How De Castroverde Law Group Can Help
If you have been criminally charged with driving under the influence, a Las Vegas criminal defense lawyer at De Castroverde Law Group is prepared to help you fight for your desirable outcome. We have extensive experience in handling criminal cases of all kinds and focus on handling the complex DUI-related cases. We have the experience needed to handle these cases and are even prepared to help those who are crossing state lines.
When your future is on the line, you need to be confident that you have an advocate on your side who will be able to go the distance for you. We have years of experience and are a family-run firm. Contact our Las Vegas DUI defense lawyers today to learn how we can fight for you!