There are three chemical tests police officers utilize to determine one’s intoxication: blood, breath and urine. But which test is the best to take? Which is the worst? There is no right answer. The common thread between the three tests is that they each have there own flaws – an important part of your defense if you have been charged with a DUI.
DUI Blood Test
If you submitted to a blood test, please read the following information. It is important to understand the pros and cons of this type of chemical test and how it relates to your case.
Police officers usually rely on breath tests because it is easier for them to transport the device and it can be conducted right at the site of the traffic stop. However, sometimes blood tests are used.
A blood test measures the amount of alcohol found in a person’s blood stream. Of the three tests, it is considered to be the most accurate in determining one’s intoxication level. However, this does not mean it is without flaws.
While each state is different, many have laws in place to regulate who is qualified to give a blood test. There are also regulations on how the test is given, where it is taken, how it is analyzed and how it is transported.
Now keeping this in mind, look at all the ways a blood test can be given inaccurately! And if there is a flaw regarding any of these situations, you can be your attorney will find out. Your blood sample could have been tainted. It could have been given to you improperly or by the wrong person. And even if the person was qualified, errors can still occur!
If you failed a blood test, don’t give up a hope. As you can see, there are many ways your DUI attorney can fight the evidence against you.
In many situations like all hospital records, blood test records are confidential. However, if you were arrested for a DUI, certain people like the police are legally allowed access to those records. A judge will have to issue a warrant if the police show that there is reasonable cause to believe you violated drunk-driving laws.
Also, if you were involved with a DUI accident and the victim was hurt or even killed, the victim and the family can access your records if they file a civil suit against you. In a civil suit, the victims can subpoena your hospital records to try and prove that you caused their injuries.
DUI Urine Test
When a police officer suspects you of drinking and driving, he or she will ask you to submit to a chemical test. There are three: blood, breath and urine. Of the three, the breath test is used most often by police officers because it is an easy device to transport and can be used during the traffic stop.
Blood tests are regarded as the most accurate of the three because it can provide the concentration of alcohol found in one’s blood stream. However, it is difficult to take the test because the person must be transported to a medical facility, which can affect the amount of alcohol found in their blood stream during the time of testing. Therefore, police officers don’t often utilize this method of chemical testing.
Of the three, a urine test can be one of the best options for a defendant. This is because the results are often questionable. Your DUI defense attorney can point out the weaknesses in a urine test as grounds for your defense. A urine test does not determine the concentration of alcohol in a person’s system or whether or not the person was illegally impaired.
So what happens if your attorney proves that the urine test should be discredited against you? Your DUI charge can be reduced to a reckless driving charge.
If you have a reckless driving charge, you won’t have to face the harsh penalties associated with a DUI charge. Higher insurance premiums, steep fines, jail, community service and alcohol education classes will no longer loom over you!
Speak with an experienced attorney today to find out about your rights. If you submitted to a urine test and there are flaws, he or she will find out! If the test was administered improperly or if the wrong person gave the test, he or she can use that against the prosecution.
Remember, just because you may have “failed” the urine test, that does not mean you will be found guilty of a DUI. With the right lawyer your charge could be lessened or dropped altogether!