DUI & DWI BREATH TESTS LAWYER IN KANSAS CITY
Blood Alcohol Content & Your DUI Case
Many DUI charges are based on your blood alcohol content (BAC) as measured by breath and blood tests. If your BAC is measured at .08% or more (.04% for commercial drivers or .02% for minors), you can face criminal charges as well as action against your license by the Department of Revenue.
If your BAC goes above .15%, the potential penalties will automatically increase. A charge of DUI can be brought against you, however, even without a measurement of your blood alcohol content.
The police officer involved may determine that you are driving while intoxicated based on:
- Poor driving
- Your appearance
- Or field sobriety tests
If you refused to submit to chemical testing, this is also grounds for DWI charges. A DUI case can be initiated whether you are alleged to be under the influence of either alcohol or drugs.
Blood Test Evidence in DUI Cases
Missouri and Kansas both have an "implied consent law". It means that you automatically consent to a blood test just by using the road. There are even circumstances where a police officer can forcibly take a blood sample. A police officer may request a blood test when an accident has occurred, or when the driver has a mouth injury, or when breath testing equipment is unavailable, or when the driver is unable to submit to other tests.
Blood tests, while more accurate, require special procedures and can only be performed by qualified medical personnel. Therefore, blood tests can often be successfully challenged and excluded from evidence. A skilled attorney experienced in DUI defense can identify issues with your blood test and file a motion to exclude the results at trial.
Defending DUI Charges Based on Blood Test Evidence
When a blood test is taken in a DUI case, there are a variety of errors that could have taken place, both in taking blood and in lab procedures. Some of the issues that could increase the BAC in a blood test include the technician swabbing the arm with alcohol prior to testing, or the lab testing only the plasma instead of the entire blood sample. There can also be potential issues regarding the chain of custody of the sample, or a history of lab errors.
Breath Test Evidence in DUI Cases
One of the main types of evidence against you in court is the breath test. Law enforcement uses three main types of devices to measure the amount of alcohol in the bloodstream. The most frequently used device is the breathalyzer. This uses a chemical reaction with the alcohol that shows up as a color change.
The Intoxilyzer detects alcohol through infrared spectroscopy and the Alcosensor III and IV used a chemical reaction in a fuel cell. All three of these devices contain a mouthpiece into which the driver blows and a sample chamber where the air is tested. Although these devices are accurate for the most part, mistakes can happen.
Reviewing Breath & Blood Test Accuracy
The majority of drunk driving cases are based on breath test results over 0.08%. A properly administered portable breath test performed on the Intoxilyzer 5000, Intoxilyzer 8000, Intoximeter or Datamaster machine is generally admissible and an accurate measurement of the amount of alcohol in a person's bloodstream.
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If the machine has not been properly calibrated, or has not been properly maintained, or if the police officer does not follow certain procedures while preparing for or administering the test, the result may be inadmissible.
Building a Defense with Attorney Steve Schanker
Attorney Steve Schanker has successfully challenged breath test results for his clients. Call now for a free consultation. Portable Breath tests are commonly used as the main basis for a DUI charge and blood tests can also be used for this purpose, especially with a DUI involving drugs. Without a DUI lawyer in Kansas City to investigate these aspects of your case, the results of these tests can be submitted as evidence against you and all but guarantee a conviction.
This lays you open to a massive potential injustice, as these tests do not always give accurate readings. A DUI lawyer in Kansas City familiar with the science of these tests, their correct administrative and technical procedures and how these can be in error can make all the difference to the outcome of your case.
Breath tests may be administered incorrectly and the training of the police officer concerned should thus always be reviewed. The device used may have calibration problems or be otherwise unsound, in which case the results will not be reliable.
Contact a Breath & Blood Test Lawyer in Kansas City!
If your test results are found to be unreliable, they may not be admitted as evidence. This may well result in dropped charges if the prosecution feels there is insufficient evidence with which to achieve a conviction. If your case does proceed, the validity of your tests may still be questioned by Attorney Steve Schanker to enter reasonable doubt of guilt into the proceedings, in which case the jury must acquit you. Even if you have refused to take submit to these tests, which is a violation of the implied consent of accepting your license, there may be aspects of your case he can use to achieve a positive outcome.
Contact a Kansas City DUI lawyer, who can review your breath and blood tests in preparing your DUI defense.
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