Boston OUI Lawyer
Challenging Blood and Breath Test Results
The outcome of a breath or blood test is likely to be the prosecuting attorney's key evidence against a defendant in an
OUI case. The results of the test, along with the arresting officer's testimony about the defendant's driving behavior, statements and performance on breath/blood tests and
field sobriety tests may combine to create what seems like an insurmountable case against the defendant. However, an improperly administered breath test or blood test may give a
Boston OUI lawyer just the opening he needs to seek a positive result on a client's behalf.
By thoroughly investigating every angle of your OUI/DUI case, Attorney Thomas Brant can use his experience as both a criminal defense attorney and former prosecutor to determine how to approach your defense. If he can file a motion to suppress evidence that was obtained in violation of standard procedure or your constitutional rights, he will do so.
Improper Blood Tests and Breath Tests in Boston OUI Cases
There are a number of different issues that may contribute to the outcome of a blood test or breath test being inadmissible in court. Following are a few key questions we may ask when handling a case:
- Did a qualified individual administer the breath test or take the blood sample?
- Was the breath test or blood test administered exactly per protocol?
- Was the breath test device properly calibrated in accordance with current standards?
- Does the defendant have a physical/medical condition that may influence the outcome of a breath test?
- Did the officer who administered the test ask the defendant to "keep blowing" into the device?
- Was there a radio or other piece of equipment present that may have interfered with the outcome of the breath test?
- Did the officer who administered the breath test observe the 15-minute wait time before the test to observe the defendant and ensure he or she did not drink, eat, smoke, vomit or belch?
- Was the blood sample handled properly?
- Was the blood sample mixed with the correct amount of preservatives and anticoagulants?
- Did an independent analysis of the blood sample reveal a different result?
To learn more about the different factors that may render a breath or blood test result inadmissible in court, contact a Boston OUI attorney at our law offices.