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Why blood and breath tests aren’t perfect

On Behalf of | Dec 18, 2015 | Drunk Driving

As we talked about in our last post, the financial cost of a DUI is a major reason why DUIs are so punishing. The legal consequences are obviously extensive as well, but the financial penalties involved can last for years and years. They can cripple a person’s ability to recover from the DUI, and that doesn’t help the individual — or society in general. Allowing people who have been convicted of a crime the chance to rehabilitate and re-assimilate with society is an important part of the criminal process.

Today, though, we want to talk about one critical piece of evidence that the police and prosecution uses to convict people accused of driving under the influence of alcohol: the individual’s blood alcohol content (BAC).

Once the police obtain your BAC, it is understandable to think that you don’t have a chance. The police have all of the evidence they need to convict you, or so you think. But that evidence has to be collected properly, and the results themselves can’t be compromised. Otherwise, the case against you can collapse.

For example, blood test samples can be tainted during the storage process. Breath test machines may not have been calibrated properly, or outside factors could have influenced the ultimate results.

The point here is that even though the perception may be that the police and the prosecution have the upper hand, you can definitely fight back against the charges they have filed against you. Every piece of the case they make against you can be challenged, and if they didn’t complete those steps properly, then your challenge could lead to the collapse of their case.


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