If you've been charged with a DWI in Charlotte based on breathalyzer or blood test results, you might feel like the evidence against you is ironclad. However, these tests are not always accurate.
At Browning & Long, PLLC, our skilled Charlotte DWI lawyers are former prosecutors with extensive experience challenging inaccurate breathalyzer and blood test results. We understand the scientific principles behind these tests and know how to spot errors in administration or interpretation that could compromise the validity of the results. We may be able to challenge the DWI test results, which could lead to your test results being suppressed or your charges being reduced or dismissed.
How to Challenge Breathalyzer Test Results in Your DWI Case
If you are arrested for DWI under N.C.G.S. § 20-138.1, the police would have administered a breathalyzer or blood test to determine your blood alcohol content (BAC). The prosecutor would use this evidence to try to convict you of DWI.
Breathalyzer tests, also known as breath alcohol tests, are the most common DWI test results used in DWI cases in Charlotte. These devices measure the amount of alcohol present in a person's breath, which is then used to estimate the BAC level. While breathalyzers are widely used, they are subject to several potential sources of error. Here are some ways our DWI lawyers may be able to challenge the DWI test results as part of an inaccurate breathalyzer defense:
- Calibration issues. Breathalyzers must be regularly calibrated to ensure accurate readings. If a device is not properly maintained or calibrated, it may produce falsely high BAC results.
- Operator error. Police officers must be trained in the correct use of breathalyzer devices. Improper test administration, such as not observing the required waiting period or not checking for mouth alcohol, can lead to inaccurate results.
- Interfering substances. Certain medical conditions, like GERD or diabetes, can cause falsely high BAC readings. Some food, medications, and even mouthwash can also interfere with breathalyzer results.
How to Fight Your DUI Blood Test Results
Law enforcement officers also use blood tests to determine a person's BAC level in DWI cases. These tests involve drawing a sample of the suspect's blood and analyzing it for alcohol content. While blood tests are often considered more reliable than breathalyzers, they are not immune to error.
Our attorneys can investigate the circumstances surrounding your blood test to identify any issues that could impact the accuracy of the results. If necessary, we may hire an expert witness to fight your DUI blood test results. Here are common ways we may be able to challenge the DWI test results:
- Improper collection or storage. Blood samples must be collected by a qualified professional using sterile equipment and proper techniques. Samples must also be stored correctly to prevent contamination or fermentation, which can cause falsely high BAC readings.
- Chain of custody issues. The prosecution must be able to document every step in the handling and analysis of your blood sample. If there are gaps or discrepancies in the chain of custody, the integrity of the evidence may be called into question.
- Lab errors. Even if a blood sample is collected and stored correctly, errors can occur during the testing process. Our attorneys can review lab records to determine if proper procedures were followed and the equipment used was functioning correctly.
- Independent testing. The police must collect an additional blood sample when using a blood test for defendants to use to challenge the results. Depending on the circumstances in your case, we may decide to have your blood sample tested by an independent lab.
How Our Charlotte DWI Lawyers Can Use Challenges to Your Breathalyzer or Blood Test to Defend You
If our investigation uncovers significant flaws in administering or handling your breathalyzer or blood test, we can file a motion to suppress the results. This means asking the judge to exclude the test from evidence, which can substantially weaken the prosecution's case against you.
Even if the test results are not entirely suppressed, we can use evidence of errors or inconsistencies to create reasonable doubt in jurors' minds. In some cases, this can lead to a reduction or dismissal of charges. This is one way we will fight hard to defend you and help you reach the best possible outcome in your DWI case.
