Blood Tests Lawyer Seattle, WA
How can you challenge the machine?
Knowing the ins and outs of how the Draeger breath testing machine works is imperative for your attorney. The Draeger is rife with sources of error that can come from basic science, or the specifics of your case. Sometimes even physical ailments and / or sickness can affect the machine. It is vital that your attorney knows how to mount these challenges.
These sources of error can not only help you with your DUI case, but can also help with your DOL hearing. Don't forget that you only have one week from the date of your arrest to act on the DOL paperwork. It's vital that you send this in properly. Call us now for your free consultation so we can start helping you through the process and protecting your rights.
Are Breath and Blood Tests Always Correct?
While breath and blood tests are commonly believed to provide inconclusive evidence, this is not, in fact, the case. Both tests are subject to erroneous results for a variety of reasons. Even if you apparently failed these tests, don't give up hope. Contact our office right away and I can establish that the evidence against you is reviewed as to its validity. If these factors are not investigated in your case, it opens the door to injustices that can have a very negative effect on your life.
A breath test depends on its accuracy of being correctly calibrated and properly administered. If the equipment is malfunctioning, it may give a false reading. Blood tests have similar potentials for error. If a blood sample is mishandled its integrity can be compromised. It must also be confirmed to include the correct ratio of certain ingredients of the blood, otherwise it can give misleading results. This is not always done and other human error can cause inaccurate results. For these reasons, an independent laboratory should always be used to check the initial findings.
Why You Should Challenge DUI Breath Tests
Breathalyzers are used by law enforcement officials to determine a suspected drunk driver’s blood alcohol content (BAC) level to establish probable cause, make an arrest, and gather evidence of intoxication to be used against the individual in court. The results from these devices hold significant power within the criminal justice system and are treated as indisputable evidence by juries throughout the country.
However, according to a recent article by The New York Times, many people are wrongfully convicted based on the results of these faulty tests. Over 100 attorneys, police officers, scientists, and executives were interviewed for this story and tens of thousands of pages of court records, confidential e-mails, and other documents were reviewed to reveal that these highly-sensitive machines are often not properly calibrated and maintained, as well as a lack of government oversight, thus producing results that were sometimes 40 percent higher than they should be.
Based on The Times report, the following are several reasons why you should challenge the results of the breath test:
- Skewed results – From calibration and other human errors to lack of maintenance at some labs, these tests cannot always be trusted. The New York Times reported that judges in Massachusetts and New Jersey have suppressed over 30,000 breath tests in the past year due to such mistakes.
- Refusing to take a test can result in administrative and/or criminal penalties – In Washington and many states throughout the country, implied consent laws can lead to driver’s license suspension and other penalties if a driver refuses to take a post-arrest breath test. Even though a breath testing device has issues that affect the results, police officers believe they are sound.
- Flawed test results can set dangerous drivers free – When the courts discover an error, the correctable action is typically dismissing the questionable results. However, this can weaken otherwise strong cases against dangerous drivers.
- Challenging inaccurate breath tests have been successful – Every breath test conducted within the past eight years in Massachusetts was thrown out because a group of defense lawyers joined forces to help their clients challenge the results.
Defense for Breath & Blood Test Results in WA
We understand that facing a DUI charge is a very unsettling experience. You can rest assured that we will do everything we can to defend your rights and pursue a positive outcome in your case. An investigation of breath and blood tests leads to the discovery of information that benefits a client in more cases than you might assume.
Founding Attorney Jonathan Dichter is an expert in his field and a trained and qualified instructor in DUI investigation and field sobriety testing. He is a Faculty Member and State Delegate for the National College for DUI Defense, an organization made up of only the most experienced DUI defense attorneys, and he has completed and instructed courses developed by the National Highway Traffic Safety Administration. Jonathan also works with a network of investigators and expert witnesses, which assists us to build a strong and thorough defense. We will be sure to keep you updated of the status of your case and what you can expect along the way.
Contact a Seattle DUI lawyer, for a review of the validity of the breath and blood tests taken in your DUI case.