When a person is pulled over by law enforcement because they are suspected of DWI, they may be asked to submit to a blood, breath, or even a urine test to determine if there is any alcohol in their system. If their blood alcohol concentration exceeds the legal limit of .08, then that individual will be charged with DWI.
The ways in which blood and urine tests are conducted are rather obvious. A breath test, on the other hand, is performed by a DataMaster or Intoxilyzer 5000 machine. The individual suspected of drunk driving simply blows into the device and it measures the concentration of alcohol on their breath, if there is any. Breath alcohol concentration is said to be the equivalent of blood alcohol content, or BAC, which is determined through a blood test.
Blood and urine testing is usually performed after the arrest, which means the accused has been taken to the police station. The testing occurs within a couple of hours of arrest. If the blood or urine shows a blood alcohol concentration of .08 or above, then a charge of DWI or DUI can occur. The good news is that your Minnesota DWI attorney has a number of strategies that can be used because even blood and urine tests are not always perfect.
Failing A Test
Failing a blood, breath, or urine test is not an immediate indicator that you are guilty of driving while intoxicated (DWI) or driving under the influence (DUI). There are a number of issues that can have an impact on the outcome of the tests, which is why there have been false arrests throughout Minnesota. These are some of the reasons why you may fail one of these tests:
- Problems with the blood test
- Proper administration or improper training on how to administer such tests
- Improper interpretation of results
- Improper storage of blood or urine
- Issues with the DataMaster or Intoxilyzer
- Electrical interference
- Improper calibration and/or maintenance
- Medical conditions that can alter the results
If you are charged with DWI or DUI based on the results of a blood, breath, or urine test, we will investigate every aspect of how the test was administered in an effort to discover one of the aforementioned issues.
There have been many issues with breath testing over the years from misread results to faulty machines. In other words, the results from breath tests tend to be quite controversial in regards to their validity.
Minnesota has had its fair share of issues with machines that have been used in the past, which has led to the state using machines that are believed to be more reliable. Nonetheless, you need a Minneapolis DWI attorney who stays up-to-date with the performance reports of all new machines that are introduced in the state and who works to make sure faulty results do not put people in jail or prison.
Contact A Minnesota DWI Attorney
If you have been charged with DWI and you feel that the results of your breath, blood or urine test are flawed, you need to work with an attorney who is experienced in challenging such results and who has achieved success in doing so. Mark Herman, Attorney at Law can evaluate your case and help you reach the best possible conclusion. To learn more, call 24/7 at 612-382-4545 for a free consultation.
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