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How Blood Alcohol Content (BAC) Testing Works and How It Can Be Challenged

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How Blood Alcohol Content (BAC) Testing Works and How It Can Be Challenged

How Blood Alcohol Content (BAC) Testing Works and How It Can Be Challenged

Being charged with Driving While Intoxicated (DWI) is a daunting experience that can impact your personal and professional life. Many individuals facing these charges feel overwhelmed, unsure of where to turn or what to do next. If you find yourself in this situation, know that you are not alone, and you have options. My name is Scott A. Hamblin, and I’ve spent more than two decades assisting individuals in DWI cases like yours. While Blood Alcohol Content (BAC) tests are commonly thought to be ironclad evidence, they are far from perfect. With the right legal strategy, we can challenge the results and potentially change the outcome of your case.

Understanding Blood Alcohol Content (BAC) Testing

Blood Alcohol Content (BAC) is the measurement of alcohol in your bloodstream, typically expressed as a percentage. Law enforcement uses BAC testing to determine whether a driver is above the legal limit, which, in Missouri, is 0.08% for most drivers.

There are several methods used to determine BAC:

  • Breath Testing (Breathalyzers): These devices estimate BAC by measuring the alcohol content in your breath.
  • Blood Tests: Blood samples are taken and analyzed in a laboratory to measure alcohol concentration directly.
  • Urine Tests: While less common, urine tests may also be used to determine BAC.

Each of these methods is designed to provide clear results, but they all have potential flaws that make them open to scrutiny.

Weaknesses in BAC Test Results

Although BAC testing is a standard tool for law enforcement, it is not infallible. Errors and inaccuracies can occur for several reasons:

  1. Improper Calibration or Maintenance of Devices: Breathalyzers must be regularly calibrated and maintained to ensure accurate readings. If a machine has not been properly serviced, its results may be unreliable.
  2. User Error: The officer administering the test must follow strict protocols. Any deviation from these procedures can compromise the results.
  3. Medical Conditions or Medications: Certain medical conditions, such as acid reflux or diabetes, can affect BAC readings. Similarly, some medications may lead to false positives.
  4. Blood Sample Handling: For blood tests, proper collection, storage and analysis procedures are vital. Improper handling can lead to sample contamination or degradation.

How I Can Help Challenge BAC Test Results

Challenging BAC evidence requires a thorough understanding of both the science behind these tests and the legal standards surrounding their use. Here’s how I approach these cases:

  • Examining Testing Procedures: I carefully review whether the officers followed proper procedures during the administration and maintenance of BAC tests.
  • Hiring Expert Witnesses: When necessary, I work with professionals to refute the accuracy of the test results and explain their weaknesses to the court.
  • Investigating Alternative Explanations: I explore any medical conditions, medications or other factors that could have led to false or misleading BAC results.
  • Legal Motions to Suppress Evidence: If I discover any procedural violations or mishandling of evidence, I can file motions to suppress the BAC evidence entirely.

Your case involves distinct factors, so I tailor my strategy to your specific circumstances and goals. My ultimate objective is to protect your rights and secure the most favorable outcome possible.

Contact Me to Protect Your Rights

A DWI charge doesn’t have to define your future. With the right legal representation, you can build a strong defense and challenge the evidence against you. I have the knowledge, experience, and dedication to guide you through this process and fight for your best interests.

If you’re facing a DWI charge, don’t leave your future up to chance. Contact me, Scott A. Hamblin, today to discuss your case and start building your defense.

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