Potential Defenses to Breath Testing
At the law firm of Timothy Bussey, we are dedicated to personal care, aggressive representation, and high-quality service. We will work hard to defend you against drunk driving charges and the penalties that you are facing.
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There are numerous instances in which blood tests for BAC levels fail or otherwise yield up inaccurate results. Let's go over some of those circumstances:
Problems occur with the chain of custody of your sample.
According to law, your sample must be passed through a discreet and monitored chain of custody in order for it to be considered viable as evidence under the law with respect to your DUI or DWI charge. Cases abound in the literature of jurisprudence of blood samples being swapped, lost, or otherwise improperly passed from station to station.
Problems storing, transporting, or mixing your sample.
Blood Alcohol Content (BAC) testing vials must contain preservatives and chemicals to prevent your blood sample from coagulating or otherwise being contaminated. If a sample is exposed to harsh elemental or chemical conditions, the BAC reading can be wildly thrown off. Similarly, excessive time in between the taking of the sample and the laboratory review can lead to problematic analysis. After all, blood kept in the sample vial will naturally and organically ferment over time, thus producing more alcohol and throwing off the readings. Typically, blood must be tested within 48 hours of collection to avoid these "fermentation contamination" issues.
Contamination of the vial's contents or of the sample itself.
Each sample vial used for collection should contain chemicals, preservatives, and anticoagulants to protect the sample. However, if the vials used are expired or don't contain the correct admixture of chemicals; or if the samples themselves end up being contaminated (e.g. if alcohol used to clean the skin to prepare for the sample gets in the vial), the blood test may no longer be viable.
Learn more about potential defenses for your alcohol level tests on our drunk driving defense website. Timothy Bussey, an AV Peer Review rated lawyer and former Judge Advocate in the United States Armed Forces, can help you spell out a more powerful defense. Protect your rights and disallow a botched blood sample from marring your future. Call (719) 475-2555 to set an appointment now.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
