Breath, Blood and Urine Tests
DUI charges in Miami: Defense Lawyer with Over 30 Years of Success
If you blow over the .08 limit, or have a blood test result over .08, don't
automatically assume that you cannot fight your DUI case. Breath and blood
tests frequently have incorrect or inaccurate results. Breath and blood
testing equipment may not be calibrated properly, the operator may have
had inadequate training or the blood samples may have been illegally or
You need to find out fast if you have been charged with DUI in Miami, and
I urge you to call my firm, Jonathan Blecher, P.A., at once if you have
been arrested and charged with misdemeanor or felony DUI.
When Your Freedom Hangs in the Balance,
Who You Hire To Represent You Is Critical.
Let Me Help You Make an Informed Decision.
Standardized Field Sobriety Tests
Breath testing instruments are sensitive and are required to be properly
calibrated before and after each use. In addition, police must use a very
specific procedure in order for the results to be accurate and admissible
in court. In the State of Florida, and in Miami, the most common type
of testing for BAC level is with the Intoxilyzer 8000.
Although this evidence is the most compelling evidence against you, it
may be false. Any breath testing unit can fail, as can any device. Roadside
testing units are prone to failure as the reading can be affected by temperature
and radio waves. Other problems in breath testing at roadside can be the
result of the following:
- smoking cigarettes, which may raise the level of acetaldehyde in the lungs,
which the testing unit may recognize as alcohol
- diabetics with low blood sugar can have false readings from acetone
- recent burping
- low-calorie diet
- have not eaten for a long period of time.
It is important that the details of what happened to you are evaluated
by a legal professional familiar with how breath testing can go wrong,
and result in DUI charges.
Blood test samples could be contaminated during processing in the lab or
even at the point of collection. Blood alcohol content may still rise
after a police stop, and your BAC during the time of driving may be lower
than when the sample was collected. There is a specific procedure that
must be followed when testing blood. First, the arm cannot be swabbed
with isopropyl alcohol, as this can impact the BAC level.
Secondly, blood samples can ferment if not properly stored, or be mixed
with other samples if the procedures are not carefully followed. When
the blood test is done, the entire sample must be tested, as opposed to
just the plasma, which is often the procedure. Even a perfect test could
give a false reading, as with all testing, there could be an incorrect
BAC level. Talk to our firm about what happened with your test.
The urine test is less accurate than blood testing when screening for drugs,
which is why the trend is now to allow use of the test if not confirmed
by blood tests. When a person is arrested for driving under the influence
of drugs, prosecutors may use the urine test results to prove intoxication.
These tests often cannot hold up under scrutiny, as many substances can
cause a false reading.
The problem with this approach is that urine tests are unreliable in that
they cannot determine when a drug was used. Urine analysis only detects
metabolites (traces of previously ingested drugs) rather than the actual
drug itself. So, depending on the drug, and the levels present, it is
difficult to determine whether the drug was present in person's system
at the time of driving. Talk to our firm if you have been arrested and
charged based upon a urine test.
Contact my firm today to learn more about how I can defend your DUI charges.
Breath Test Regulations
Blood Test Extrapolation