Chemical Test

Many people who submit to a chemical test (blood, breath or urine) and register above the legal limit (.08% for DWI and .02% for DUI), often believe that their case cannot be successfully defended and choose not to retain an attorney. However, an investigation of the case by an experienced and knowledgeable DWI attorney will often reveal evidence which can call into doubt the reliability of the chemical tests and may even result in keeping the test results from being introduced in court.

The attorney you hire should be familiar with not only the Intoximeter EC/IR II BAC testing machine, but the many factors which can affect the result of a chemical test (blood test, breath test or urine test). Such factors often lead to an incorrectly high blood alcohol concentration. Depending on the type of specimen and analysis, the following are some of the factors that should be investigated to ensure the reported chemical test was accurate:

Radio Frequency Interference (which may be caused, for example, by a police radio, a microwave, or a cellular telephone)

  • Mouth Alcohol During Collection of a Breath Sample
  • Foreign Substances in the Mouth (for example, tongue stud or dentures)
  • Gastro Esophageal Reflux Disease (GERD)
  • Failure to Properly Observe the Subject Prior to Administration of the Test
  • Diabetes
  • Method of Blood Extraction
  • Blood or Urine Sample Storage and Preservation
  • Transportation of the Blood or Urine Sample
  • Blood, Breath or Urine Sample Analysis
  • Improper Extraction of the Breath or Urine Sample from the Body

© 2009, 2010, and 2020 – Paul D. Reynolds

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