DUI Defense Strategies

Challenging Evidence from BAC Tests

One of the first ways to defend against an accusation of drunk driving is to challenge the evidence from tests such as the breath, blood, and urine test. These are administered during the course of a DUI investigation and arrest to prove the intoxication of a defendant; however, they are not fool-proof and not perfect. In some ways, these tests can be inherently flawed. They can also be subject to human error. Just because one of these tests said your blood alcohol content (BAC) was over the legal limit does not mean you are automatically guilty.

For example, our law firm can challenge evidence from breath tests by asking questions such as:

  • Was the officer who administered the test properly trained?
  • Did the officer use a breathalyzer machine approved by the state?
  • Was the device regularly calibrated and tested?
  • Was the defendant monitored for 15 continuous minutes before the test was administered?
  • Did the defendant have a medical condition that could skew the results?

Although the blood test is commonly viewed as more reliable than the breath test, it can also be challenged at every step of the process. For example, our Folsom DUI defense attorney can look into whether the test was administered properly, or even if the chain of evidence was broken.

Challenging the Process Itself

In addition to challenging the evidence gathered, your attorney can also make sure the process was legally followed. For example, if you were not read your Miranda rights, if the police officer did not have probable cause to perform the traffic stop in the first place, or if you were denied your right to a speedy trial, your defense lawyer may be able to have the charges against you dropped.

Work with a Sacramento DUI Lawyer You Can Trust

At Travis G. Black & Associates, we know how frightening it can be to face serious charges relating to DUI. We, however, want to remind you that just because you have been arrested does not mean that you will be convicted. With the help of an experienced Folsom DUI lawyer from our law firm, you can challenge the evidence and fight to protect your legal rights.

If you would like to learn more, we encourage you to contact our law firm today!