Contact Us

Case Evaluation

Challenging Stamford DUI Blood and Breath Tests

Blood and breath tests are often used as evidence to strengthen the prosecution’s argument in DUI cases. However, these tests are not always accurate, and human error can sometimes affect the accuracy of these tests. You do not have to accept the results of these tests at face value. You can challenge the validity of the blood and breath tests if you believe they are inaccurate.If you want to know more about challenging Stamford DUI blood and breath tests, consult a knowledgeable defense attorney that can answer your questions and defend you.

Breath Tests Used in Stamford

Before challenging Stamford DUI blood and breath tests, it is important to know what tools are used to conduct these tests.The breath test is typically on the Dräger machine. This is a machine that measures the amount of alcohol in an individual’s breath. This is used at the police station. Every police station in Connecticut uses the same machines.

How a Breath Test is Administered

In Stamford, after an individual is arrested for a DUI, the police will bring them back to the station and a breath test will be administered within two hours of the individual operating the motor vehicle.

The police will give the individual a chance to call an attorney to decide if they want to take a breath test or not. If they agree, the police will read them certain rights that they have, their Miranda rights, and let them know that their driver’s license is going to be suspended.

Then the police will give them a tube to blow into attached to the machine. They blow into the tube two separate times, about 15 minutes apart, and the machine will register the blood alcohol in their breath.

Requirements a Testing Device Must Meet

The samples need to be taken within two hours of an individual driving the car. The person being tested needs to be monitored for 15 minutes before each sample to make sure that they are not burping, throwing up, drinking, or putting anything in their mouth.

The machine has to be tested for accuracy which most machines do automatically when turned on. An individual should obtain a copy of the test results when it is done. Breath test machines are supposed to be calibrated every six months, but they are not always calibrated that often, a fact that is important to note when challenging Stamford DUI blood and breath tests.

Steps Officers Must Take to Ensure Validity of Breath Tests

Officers need to be aware of the time. They are very highly trained in DUIs and how to give these breath tests, so they need to be aware of the time to they make sure they administer it within two hours; to make sure the machine is working correctly; and to make sure there is a big enough sample for the machine to register when they blow into the tube. They must follow the rules as far as giving advisement to the defendant before he takes the test.

Steps to Take When Challenging a Breath Test

When challenging Stamford DUI blood and breath tests, a person should subpoena the machine read-outs to make sure there were no errors around the time of their test and ascertain when the machine was last calibrated. If the individual suspects an error in the breath test, they should let their attorney immediately so this issue is addressed right away.

When Can an Officer Request Blood Testing?

An officer can request blood to be drawn for any DUI arrest, but the individual always has the right to refuse a blood test without any consequences. An individual will not have their licensed suspended merely because they refused a blood test.

An officer can also request a blood test if an individual is involved in an accident and they are injured and brought to the hospital. The hospital takes blood as a matter of their normal course of treatment. The officer will obtain a subpoena from the court and a search warrant to receive a copy of that blood work as it pertains to the individual’s blood alcohol level.

Accuracy of Blood Tests

Blood tests are the most accurate method to determine if somebody was impaired by drugs. There are certain field sobriety tests that are meant to detect drugs, but a blood test is one of the more accurate ways to confirm someone’s BAC.

How a Stamford DUI Lawyer Can Help

A DUI Lawyer can hire an expert to review the blood work to see if there are any factors that may have influenced the result of the test, and to make sure that it was done properly. They can subpoena any medical personnel that performed the blood draw to make sure that everything was above board when the blood was taken. Your DUI attorney can also investigate the results of your breath tests in order to gauge the validity of those tests, and whether the were taken in optimal conditions or not. If you want to know more about challenging Stamford DUI blood and breath tests, consult a skilled legal advocate today.