Challenging Blood Alcohol Tests in Florida DUI Cases
How accurate are blood alcohol tests and field sobriety tests? The truth is that they are not necessarily as accurate as the police would have you believe. While some tests are more accurate than others, all tests need to be performed using specific guidelines to be valid. In this article, the Orlando DUI attorneys at FL DUI Group will discuss how to challenge the results of blood alcohol and field sobriety tests.
Challenging blood alcohol tests
Just like any scientific test, the conditions under which it is performed must be exactly right for the results to have merit. You can:
- Question the accuracy of the testing device – Devices used to measure BAC, such as the Intoxilyzer, must be calibrated exactly right for the test to have merit. Improper maintenance on the device, calibration problems, or software glitches can cause inaccurate readings. Defense attorneys are allowed to subpoena the maintenance and calibration records of any device used to determine intoxication to verify the accuracy of the device.
- Challenging the testing process – The testing procedure must be conducted accurately. The arresting officer must also have undergone significant training. Any violation of the procedure can void the accuracy of the test results.
- Constitutional challenges – Officers can only pull over a vehicle with probable cause. In other words, they must have a good reason to pull over a vehicle before they can legally administer a BAC test. If the officer did not have probable cause to pull you over, then the evidence can be suppressed due to Fourth Amendment violations.
- Medical conditions and medications – There are certain medical conditions and medications that can affect BAC results. As an example, individuals with diabetes may have elevated levels of acetone in their breath. So can those who are on Keto diets. A breathalyzer test can falsely interpret evidence of acetone as evidence of alcohol.
- When the test is conducted – An individual’s BAC can continue to rise even after they have stopped drinking. Your BAC will peak up to three hours after your last drink. This is known as the absorption phase. If the test was conducted during the absorption phase, it may not accurately represent your BAC at the time you were driving.
Blood tests
Blood tests are considered the most accurate way to determine an individual’s BAC. A blood sample is heated up to evaporate the alcohol and determine how much blood is left. However, the sample must be stored properly. If not, the alcohol in the blood can cause the blood to ferment resulting in an inflated BAC.
The bottom line
Blood alcohol tests are not necessarily proof that you were under the influence while you were driving. A seasoned DUI defense attorney who specializes in DUI cases can effectively argue against the admission of a BAC test into evidence.
Talk to an Orlando DUI Defense Lawyer Today
FL DUI Group represents the interests of those who have been charged with DUI in the greater Orlando area. Call our FL DUI defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.
