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If you have been stopped for a DUI in Indiana you will likely be required to submit to a DUI test. The legal limit in Indiana is 0.08% BAC (blood alcohol concentration). One of the best ways to defend DUI charges is to uncover a mistake made during a DUI test. If the DUI test is deemed inaccurate or was done inappropriately, the results may not be used as evidence in the case. Without this important evidence, the case against the driver is often weak. An experienced DUI attorney knows how to review and evaluate the DUI tests to determine whether errors were made.
Breathalyzer tests are completed using a small, portable unit. The person blows into the device for a period of time, during which it calculates the amount of alcohol concentration. It is possible for these units to malfunction or to be improperly used. Newer devices, with updated technology, replace the older ones. If the person does not blow for a long enough period of time, or stops and starts the blowing process, it may be possible for the unit to miscalculate the results. Many times the breath test is used at the scene of the traffic stop and an additional test will be completed at the police station.
Blood tests are completed by taking a sample of blood, which is then sent to a lab for evaluation. There are several problems or mistakes that could occur during this process. The device used to store the blood sample must be uncontaminated and cannot be expired. When testing is done, the technician adds chemicals to the sample. If the incorrect amount of chemical is added to the blood it could create an inaccurate result. If the blood was not stored correctly it could be contaminated with bacteria, which will taint the results. Clotting may occur when too little of the test chemical is used, which may cause an erroneous evaluation.
When a test result is incorrect it impacts the entire case. All too often, an attorney who is not experienced with DUI tests does not verify them. If a mistake is made at any point in the testing process, it could be beneficial to the accused. The test results should be questioned because if an error is noted it is inadmissible in court. Therefore, it is extremely important for your DUI attorney to assess the testing that was done before proceeding with the case.
Fighting DUI charges is best handled with help from a skilled attorney who handles DUI cases. If some evidence is inaccurate, your lawyer can file a motion to have the evidence suppressed. This means it cannot be introduced in court. In some cases, your attorney will work with the prosecutor to have your charges reduced. When the case proceeds to court, your attorney will present your defense and aggressively work to achieve a positive result. If you have been charged with DUI, contact the accomplished DUI lawyers at The Bellinger Law Office for a consultation.
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