If you were pulled over in Oakland County and administered a blood alcohol content (BAC) test that registered a result above the legal limit, you may feel like you've already been proven guilty of a
DUI. What you may not know is that there are multiple defenses that a competent and experienced DUI defense attorney can utilize in your case. The administration of
breath and blood tests is highly regulated, and results can often be skewed, misinterpreted, or simply inaccurate. Attorney Daniel D. Hajji can help you build an aggressive and effective strategy to fight for your rights and freedom.
Have more questions about DUI? View our frequently asked questions page for answers.
One of the most common defenses against BAC testing evidence is the improper administration of the test, which is often a result of an operator error. Law enforcement officers who administer blood alcohol content tests must be properly trained and certified in the standard protocol and regulations. Examples of violations of the administration process include:
- Failure to observe arrestee for 15 minutes before administering test
- Failure to "purge" the machine before administration to remove any residual substances
- Failure to adhere to the proper procedure of test administration
Evidence that the BAC test was improperly administered can come from a variety of sources, including video footage from dash cams or booking, or witness testimony.
Another possible defense against BAC test results is that the equipment used was not properly maintained and that the reading was inaccurate due to faulty machinery. Testing tools must be regularly calibrated to ensure accurate test results. Law enforcement should test BAC machinery for accuracy every 120 days.
Alternate Factors That Can Affect Results
Your test results may have been affected by numerous other factors, meaning that your test results do not accurately affect how much alcohol you have consumed. For example, mouth alcohol, or residual alcohol left over from mouth wash or minor alcohol consumption, may be mistaken for breath alcohol. If you work in an industrial or manufacturing environment that involves methyl alcohol, any residue on your person, body, hands, or clothes can be misinterpreted.
Finally, an effective DUI defense attorney can consult with medical experts and use your medical records as evidence that an existing condition, illness, or injury resulted in an inaccurate reading of your BAC test. Physiological factors that can influence BAC reading include:
- Body temperature
- Gastro Esophageal Reflux Disorder
- Mouth or head injury
- Dental issues
Get Started Building Your Breath Alcohol Test Defense
The sooner you contact an experienced defense lawyer in Oakland County, the stronger your case may be. The team at Daniel D. Hajji Attorney at Law can go to work immediately to begin collecting evidence, analyzing errors, and formulating a comprehensive strategy to defend your case. The first step is to schedule a free, confidential case evaluation by calling (248) 289-3951.
Contact our firm today to begin discussing your DUI defense.