Challenge the Results of a Chemical Test

DUI prosecutors like to use the results of a chemical test as airtight evidence that the defendant was drunk behind the wheel. If the results of the test are at or above .08%, the prosecution will argue that the suspected drunk driver is guilty of driving under the influence, no questions asked.

However, there are many ways a DUI defense attorney can challenge the results of a breath, blood or urine test.

What Could Go Wrong?

Many errors can occur during the administration of a chemical test. There are many reasons a person could “fail” a test even if he or she did not truly have a blood alcohol content at or above the legal limit.

An experienced DUI defense attorney should ask very pointed questions while investigating your case, including:

• Did the person who administered the test follow the proper protocol?
• Was the person who administered the test qualified to do so?
• Was the sample (breath, blood or urine) tested properly?
• If it was a breath test, was the breathalyzer machine calibrated properly?
• If it was a blood test, was the sample stored properly?

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