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 improperly collected.
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.
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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:
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.