Blood & Breath Tests Defense
Breath and Blood Test Attorney Decatur, IL
Breath & Blood Tests in Illinois
When a police officer suspects that a driver is driving under the influence of alcohol or drugs (DUI or DWI), the only way to confirm their suspicion is to administer a series of tests, beginning with standardized field sobriety tests. If the driver fails these tests, which are not difficult for anyone to fail, even sober individuals, then the officer will often request that the driver submit to a breath, blood, or urine test, which are called "chemical tests."
With a field sobriety test the officer is examining the driver's balance, coordination and cognitive abilities. For example, the officer will ask them to stand on one leg, ask them to walk in a straight line and ask them to follow an object such as a pen or the officer's small flashlight with their eyes. If the person doesn't perform well on these tests, or if the officer believes that he or she has observed other signs of visible impairment such as alcohol on the breath or slurred speech, then the officer may ask the suspect to submit to further tests in the form of a blood, breath or urine test.
A device called a breathalyzer can analyze a person's breath gas, and this test is often performed roadside and at the scene. A breath test is used to determine the person's blood alcohol concentration (BAC), and is based on how much alcohol is in a portion of the exhaled air as opposed to how much alcohol is in the blood.
The problem with breath test results is that the presence of alcohol-containing substances in the mouth can produce false readings since the amount of alcohol vapor is greater than the amount exhaled in the lungs. Substances such as mouthwash, breath fresheners, and certain toothache medicines can produce falsely high readings.
The most accurate way of directly measuring someone's drug or alcohol content is through a blood test. However, even blood tests are subject to questioning and a good Decatur, IL DUI lawyer from our firm can reveal when a blood sample hasn't been property preserved or when it sat around for too long before it was analyzed.
It's also not uncommon for laboratories that analyze blood samples to run numerous samples every day. With so many samples being run, human error on behalf of the lab technicians can lead to errors in some samples, especially when the lab doesn't follow proper record-keeping procedures.
Contact a Decatur DUI Lawyer Today!
Essentially, there are countless possibilities when it comes to challenging blood or breath testing evidence. Whether the breath test device wasn't calibrated correctly or if it malfunctioned, or if the lab technician made an error with the blood test, DUI evidence can be challenged, thereby resulting in a favorable outcome for the defendant.
If you are facing DUI charges, you need a Decatur DUI attorney who believes that a DUI case can be fought and won. Contact the Johnson Law Group today to schedule your free consultation at (309) 565-8825.
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