Challenging Greenwich DUI Breathalyzer and Blood Tests
Greenwich DUI attorneys use a person’s breath as a defense strategy because oftentimes, people blow into the breathalyzer that produces results that do not make sense. This can depend on what the person ate that day, and whether they have any condition such as diabetes or acid reflux that could influence the result.
There are many things that could affect the person’s breath, and it is important for an individual to challenge Greenwich DUI breathalyzer and blood tests whenever possible.
Elements that can Influence the Result
A product like cough syrup can leave a residue of alcohol in a person’s mouth that can trigger the breathalyzer machine to indicate that the person has an elevated BAC. When the person took the product, how often the person took it, and any other issues regarding timing can be used as defense for that person.
Many different elements can influence the result of a breathalyzer test. When someone has any sort of medical issues such as acid reflux, diabetes, or anything similar, they should provide documentation to their attorney when they meet with them to start planning their defense. It is always important to provide a lawyer with all necessary information to effectively challenge a Greenwich DUI breathalyzer or blood test.
Administration of the Test
When collecting a result, the Greenwich police will take the person to the police station and ask them if they would submit to a breath test. The person always has the right to refuse. If the person does agree to take the breath test, they will sit down in front of the breathalyzer machine and the police officer monitors the person for 15 minutes before they take the first breath test. Further, this test must be taken within two hours of the person operating the vehicle.
The officer will ask the person to blow into the machine until they say stop. After the person blows the first time, the machine gives a reading. An individual will have to wait 20 minutes and repeat the process. The machine measures the amount of alcohol in a person’s blood stream that measures the person’s blood alcohol content. This Greenwich DUI breathalyzer test can be challenged using an experienced attorney.
An enhanced sentence occurs when the prosecutor files a Part B information in a person’s case. That means that the individual is a multiple time offender, and the sentences will increase. The first time a person has a conviction, they will serve a mandatory minimum of two days in jail. The second time a person gets a conviction, they will get an enhanced sentence of 30 days minimum in jail.
Request of a Blood Test
The officer can sometimes request blood to be drawn at a hospital. However, a person has the right to refuse and that can be held against them. If the person went to the hospital due to injuries and the hospital took their blood as the normal course of treatment, the police can get a warrant to obtain that blood. There is nothing the person can do to prevent that.
Although they cannot prevent it, an individual has every right to challenge their Greenwich DUI breathalyzer and blood test in court. An attorney can best assist an individual in gathering a favorable result in their case.