Getting pulled over by the police was a surprise, but testing positive for having an over-the-limit blood alcohol level was even more of a surprise. You knew that you were lucid, clear and completely coherent while driving home that night, but your breathalyzer test and blood alcohol content test say something different.
Why did you fail your BAC test when you knew you were sober?
3 reasons why BAC tests could be inaccurate
Every DUI defense lawyer knows that BAC tests are accurate in some cases, and inaccurate in others. New Hampshire criminal courts know this, too. In fact, defense lawyers often debate the accuracy of a BAC test. It's important to review the events surrounding an intoxicated driving matter with this in mind while formulating an appropriate criminal defense.
Here are reasons why your BAC test could be wrong:
- Rising blood alcohol concentration: It's possible that a defendant had a BAC under the legal limit while operating his or her vehicle. However, if a significant amount of time passed between the initial traffic stop and the breathalyzer or blood test, it's possible that the test was inaccurate. Sometimes, the body has yet to absorb and process all the alcohol in the system. In certain circumstances, defense lawyers can use the notion of "rising blood alcohol concentration" as a criminal defense.
- Breathalyzer test problems: Questions may arise over the administration of a breathalyzer test. For example, did the police officer who administered it receive appropriate training? Did the authorities follow protocol? Did the defendant vomit or suffer from indigestion? Was the breathalyzer device maintained and calibrated appropriately? The portable breathalyzer tests that officers use are likely to be less accurate than standard ones. Meanwhile, the standard breathalyzer tests used in a police station could also be inaccurate for the same reasons, or due to the theory of rising blood alcohol levels.
- Blood test problems: A hospital or medically trained person may administer a blood test to determine BAC levels. Blood tests are the most accurate form of evaluating intoxication levels. However, at some point during the chain of custody, as medical personnel pass the blood sample to police and other parties, the sample could become contaminated. Someone might also mishandle the blood test, which could corrupt the accuracy of the test. There is also the notion of rising blood alcohol levels that might make it less accurate.
Get legal help with your drunk driving defense
An experienced drunk driving defense lawyer can help New Hampshire residents present different defenses against their DUI charges in court. At all times, your DUI defense lawyer will strive to reduce the chances and/or severity of fees, fines and punishment relating to the charges.