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DUI » DUI Testing » Timing of DUI Tests

Does the Timing of DUI Tests Affect the Results?

The specific tests performed when you were pulled over and arrested for DUI may influence the outcome of your entire case. One factor your lawyer may consider is the timing of the tests. In every case where a person is pulled over and subsequently arrested for driving under the influence of alcohol or drugs, a certain amount of time will pass. This may be a relatively short amount of time or may take hours. Depending on the amount of time that passes between when you were actually operating the vehicle to when a breath or blood test was administered to test your blood alcohol concentration, this may actually influence whether your test results may be challenged.

Was your breath or blood test delayed?

This is one issue that firm may consider when taking on your case. We are familiar with cases that have been delayed due to auto accidents, extensive field sobriety testing, an officer waiting for backup or delays that have no good explanation at all. If this is an issue we can bring up in building a defense on your behalf, we will consider doing so. Our goal is to build the most effective strategy that challenges physical evidence and the arresting officer's testimony against you in order to secure an acquittal or dismissal of all charges.

How the Timing of a Breath / Blood Test May Affect Its Results

A simple way to look at how the timing of a breath or blood test may affect its result is to consider the fact that alcohol impacts your system on somewhat of a curve. Your level of intoxication may rise or fall depending on when you had your last drink and how much time has elapsed since you began drinking in the first place. Typically, your level of intoxication will rise and then fall. If you are driving while it is still on the rise, and an hour or more elapses from the time you were driving until the breath or blood test is administered, the result of the test may actually be higher than what it was when you were actually operating the vehicle. In some cases, it may take up to four hours for a person to fully absorb alcohol to a point where it can then start being eliminated from their system. This will vary depending on a number of factors including age, weight, diet and gender.

Challenging the timing of a DUI test is a complex way to fight drunk driving charges. It requires technical knowledge about blood alcohol and breath alcohol testing as well as an understanding of how alcohol affects the body over time. Combined with other defense strategies, however, it may serve to question the validity of a blood or breath test and therefore impact the outcome of a case. Now is the time to learn more about how the timing of DUI tests may affect your blood alcohol concentration – and how an attorney can use this on your behalf to challenge your charges. Your initial consultation with our firm is free and confidential, and we are fully confident in our ability to properly assess the situation and provide you with sound guidance and representation throughout your case.

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