Drivers who fail chemical tests often assume that a driving under the influence (DUI) conviction is inevitable. Some people plead guilty even though they feel confident that they drove safely prior to the traffic stop.
Fighting DUI charges may begin with raising questions about the accuracy of chemical test results. There are numerous factors that can compromise how accurate chemical tests actually are in a DUI case. Substantial delays between when a traffic stop begins and the administration of a chemical test could raise questions about a driver’s actual impairment.
Delays can alter test results
The human body can only absorb and metabolize so much alcohol at once. People may see their blood alcohol concentrations (BACs) continue to rise long after they finish consuming alcohol.
State law does not impose a specific deadline for chemical testing, but current scientific best practices advise administering blood or breath tests within two hours of the beginning of the traffic stop. Any delay beyond that could raise serious questions about the chemical state of the motorist when they were actually in control of the motor vehicle.
Assessing the timeline of testing and other details, such as the calibration records for the testing device, can help people identify viable criminal defense strategies. A failed test does not always lead to a DUI conviction.
Convincing the courts to exclude test results and raising questions about their accuracy during a trial can both be effective strategies in certain circumstances. Working with a DUI defense attorney can help people evaluate their options after an arrest. An attorney can help develop a strategy to minimize their risk of a conviction or the criminal penalties imposed in the event that one cannot be avoided.