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Covid-19 Statement

PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options.

Shazam Kianpour & Associates, P.C.
A Proven Criminal Defense Team

BAC tests can be successfully challenged

On Behalf of | Dec 16, 2015 | Blood Alcohol Tests |

In our last post, we talked about the controversial DUI case from Colorado that may go before the U.S. Supreme Court. In that case, a dubious blood draw which garnered police the BAC levels of the person accused of drunk driving was ruled inadmissible by a judge because it was obtained without a warrant.

This is just one example of how a person accused of a DUI should not give up hope on his or her case. Breath tests and blood tests are challenged all the time, and a number of these challenges are successful. This can spare an accused individual some severe punishments, or even clear them of any wrongdoing whatsoever.

The circumstances involved in the tests are crucial. If the police waited too long to draw your blood or administer a breath test, then the results of those tests may not be admissible. Additionally, if they don’t administer the tests properly then their case could be compromised.

Even beyond this, the test results could be compromised. It is not out of the realm of possibility for the test results to be tainted or for the person performing the test to act negligently or recklessly.

Remember: even if the police have your BAC, this doesn’t mean that your case is over. There are plenty of steps and legal processes that the police and the prosecution must go through in order to proceed with your case. Finding flaws in their processes and actions is critical, and if you have been accused with a DUI, getting an attorney is an important step.

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