Despite all claims to the contrary, there is only one way to accurately test an individual’s blood alcohol content (BAC), and that is by testing the blood directly. A blood sample of a specific amount is taken (no more or no less) and then the sample is heated to burn off the alcohol. The amount of alcohol is tested in relation to the blood sample and a BAC is delivered accurately and consistently.
However, those taken to the hospital are not always given blood tests. Sometimes, they are given urine tests. And urine tests can produce results that are far higher or lower than your real BAC.
Urine tests are less accurate than both breath tests and blood tests. Firstly, alcohol will not appear in your urine for up to two hours after you have taken your first drink. Secondly, alcohol can last in your urine for up to 24 hours after you took your last drink. During that period, your urine can show an inconsistent amount of alcohol in your system. While there are some experimental tests to detect alcohol immediately in the urine, there are still concerns that it can give a false positive.
Now, if we take a look at the two cases of the women mentioned above who posted exorbitant BACs, we can safely guess that it was most likely a urine test that was employed. In these cases, without looking at them closely, you had two drivers who crashed their vehicles, were visibly intoxicated, and did not really need a test to prove that they were operating their vehicles under the influence. In the one case, the driver pleaded guilty without accepting any sort of a plea arrangement. So there was no reason to fight the lab results in either case.
However, let us assume that someone’s BAC is .10 to .04. The prosecution’s case will rest on the lab results and evidence taken from the driver’s car. The police can provide testimony concerning how the driver was acting, but this is more subjective and less authoritative than lab results. It is in these cases that a urine test could be challenged by a defense attorney to bring the prosecution’s entire case into question. If they cannot prove a BAC of .08 or higher, then they do not have a DUI case. This can also be leveraged in negotiating a plea deal.
Have you been charged with OWI in Indiana? Call the Fort Wayne DUI attorneys at The Bellinger Law Office today and learn more about how we can help.
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