An Indicator Of A Person’s BAC
Implied consent laws in the state of Illinois make it necessary for you to take a breath, urine or blood test if a police officer makes a request of you. A law enforcement official may make such a request upon suspecting that you are under the influence of alcohol or drugs.
A blood test is often used when the results of a Breathalyzer tests are inconclusive. Unfortunately, blood tests are also far from conclusive, making it possible that you could be arrested and charged for intoxicated driving despite having a BAC that is below the legal limit.
An attorney can make you aware of all the potential problems with blood alcohol tests administered by law enforcement and seek to build your defense on the basis that an assessment has inaccurately recorded your BAC.
When Blood Tests Are Used Against You
Blood tests have the reputation of being among the most sound methods for evaluating a person’s BAC, but that should not give impression that a blood alcohol content reading in your DUI case can not be challenged. On the contrary, there are multiple ways in which an attorney can challenge the validity of such tests.
DUI defense approaches may include:
- Questioning the credentials of a person taking the test. If the individual who took your blood test can be shown to have insufficient training or experience for using blood drawing equipment, your lawyer may be able to cast doubt on the legitimacy of a BAC test.
- Challenging whether quality equipment was used. An attorney may be able to show that a blood sample was taken and evaluated with equipment that was in poor working order or improperly calibrated for the task.
- Examining the chain of custody. Your legal representative may be able to demonstrate that mistakes were made in your blood sample was contained and stored, including whether any person with access to it may have made errors that contributed to a heightened BAC reading.
It’s important to remember that a blood sample can also be tampered with by a person with bad intentions. Your attorney will want to look at all aspects of a blood test in an effort to identify negligence or malice.
