Can DUI Test Results Be Challenged? A DUI Lawyer Explains

BusinessOctober 31, 20267 min read

A DUI charge may take a normal night and turn it into a stressful legal ordeal. You may be subject to penalties, grounds for jail time, or a suspended license. You can even have test results that appear impossible to contest. But the test results are not the full picture. You can contest blood and breath tests and field sobriety testing. Police procedures including evidence and testing will impact your case. A good DUI lawyer will take these facts into account when he or she builds a defense. David Benowitz at Platinum Criminal Defense Law Firm has experience defending DUI trials. He is an AV Martindale-Hubbell rated attorney, a member of the National College of DUI Defense, and has an AVVO rating of 10. He also works as a part-time teacher in the Trial Advocacy Workshop at Harvard Law School.

Can You Fight DUI Test Results?

Yes. A lawyer may contest DUI test results if the facts or law support such assertion. The purpose is to determine whether the results are accurate and whether the police acted within the law. Appealing is not saying the test was wrong. It means you need to closely review the evidence. A breath test, for example, may have issues with the device itself, with the testing protocols, or with the officer’s training. A blood test may raise a sample collection issue or the issue of whether blood was properly stored or examined by staff. Some challenges are more robust than others, depending on the facts. A lawyer looks at records, searches for mistakes, and cues you in on what might matter in court.

Breath Tests: Are My Results Always Correct?

Such breath tests are typical in DUI trials. These gadgets give a rough reading of alcohol on a person’s breath to start estimating his blood alcohol content, or BAC. While the result may read simple, many circumstances can alter the weight of the result as evidence.

Problem with Breath Test Machine

A lawyer may want to review documents of the device’s regular maintenance and calibration. Repair logs and test records and known issues with the equipment may be reviewed as well. You may be concerned about the implications if you did find a gadget out of order. But a maintenance issue doesn’t immediately throw all tests into question.

Testing Mistakes

Breath Test Rules Officers Should Follow. An attorney can assess whether the officer issued the correct instructions and followed the correct procedures. Some tests require an observation window before the sample is collected. Laws differ by state and by gadget. If the cop didn’t fulfil a step, the lawyer can find out if that blunder can contribute to fighting results.

Other Factors That May Influence Results

Doubt may arise sometimes from older medical issues (for example, mouth conditions) or from recent drinking. Whether they are impactful depends on the facts and on the type of exam. If the disagreement involves science, the lawyer may be able to call in an expert to assist. The expert may examine the test records and testify whether they support the state’s contention.

Blood Test Results Checking for Evidence of Drugs or Alcohol

Blood testing can indicate drugs or alcohol in the driver’s system. But the sample must be collected, maintained, and analyzed according to the applicable rules. A DUI lawyer will review all aspects of the process.

Was there proper blood collection?

Did They Collect the Blood Sample Properly? The lawyer may check on who took the sample, how it was sealed, and where it was stored. The lawyer may also review if the documents include information on who handled the sample. These records can reveal its course from collection to testing. If there was mishandling of the sample, the lawyer can examine whether the error makes the test unreliable. Not all errors will equal eliminate evidence, therefore getting the details is important.

Did the lab use suitable methods?

Laboratory officials should utilize appropriate techniques and tools. The lawyer may examine testing processes, lab reports, and other sample records. A lawyer may also question if the test results are consistent with other evidence in the case. Sometimes records indicate something severe, and an expert can tell the court what it all means.

Field Sobriety Tests Are Contestable Too

Officers may request drivers to walk in a straight line, stand on one leg, or track an item with their eyes. These exams provide an opportunity for officers to observe symptoms of potential impairment. However, poor results do not show someone was driving under the influence. Road conditions, lack of light, uneven terrain, injuries, and stress can cause someone to perform poorly. Shoes and balance can play a role, too. A lawyer checks your video, officer notes and reports from witnesses. The review can determine whether the officer issued clear directions or whether he or she correctly judged the driver’s actions. The lawyer may also be able to determine if the officer conducted proper tests. If the test was not administered well, this could alter the weight attributed to the results.

Was the Police Action Legal?

It’s not all about the test in a DUI defense. The lawyer will also examine the stop, the reason for the stop, and what occurs afterward. Each stage is carried out according to legal restrictions police must obey. Sometimes, an officer may not have a legal basis for extending a stop or conducting a search. The lawyer may then urge the court to suppress evidence that the officer obtained illegally. Such a plea may be known as a move to suppress. If the judge grants the motion, evidence could be barred at trial. That decision may not automatically conclude the case, but it can impact the state’s ability to prove its claim.

What to do Following an Arrest for Drunk Driving?

Post-Arrest Actions Can Help Protect Your Rights. Organize your records and write down all you can recall about the stop and testing. Write down witness names and save any documents related to the case. Do not post about the arrest on social media. Thoroughly check for deadlines on a driver’s license and court dates. Time limits differ by state. Retain a DUI attorney as soon as feasible. A criminal defense lawyer can go over the facts and explain your rights and potential defenses. Make sure to review the services offered and contact information before clicking the link.

Base A Case On Facts

DUI test findings may carry some weight, but they’re not immune from challenge. That can include police actions and test processes as well as lab methodologies and records. A lawyer will evaluate the facts and discuss what your alternatives are under the laws in your state. Each situation has its unique particulars. A close look will uncover whether you should contest a test result and what the processes are moving forward.

FAQs

1. Should You Ever Take a Breath Test for a DUI?

Short answer: Yes, and for good reason.

Long answer: A lawyer would have access to maintenance records, what the darn stuff was tested for, police training with the machines, among etc. If there’s a legal or technical error, a lawyer may ask the court to throw out or reconsider the result.

2. Can a Blood Test Fail (DUI Case)?

Short answer: Yes, but you will have to prove it.

Long answer: Yes, blood tests can be incorrect due to problems with collection and storage, processing at the lab, or recording of the sample. An attorney can go over the records and receive expert advice as needed.

3. Should I fight a DUI charge if I flunk field sobriety?

Short answer: Yes. It is. Failed field test and failure to fix problem.

Long answer: An attorney can review the officer’s instructions, the circumstances of the test, and footage of the test. Poor performance may be due to illness, uneven ground, etc. The court takes all evidence into account.

4. Say a DUI test was wrongly administered.

Short answer: Inaccuracy will affect the court’s consideration of the evidence.

Long answer: It is contingent upon the error and the law. A lawyer may appeal the result, demand disqualification, or demand that the result be given less weight in the argument. Not all mistakes lead to a dismissal.

5. Deciding When to Get a DUI Lawyer?

Short answer: Immediately after your arrest.

Long answer: Getting a lawyer early will help you meet deadlines, have proof at hand, and know your rights. A lawyer can review test results and educate you about your potential defenses.

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