Blood alcohol tests are performed to determine if a person is intoxicated. DUI charges are sure to follow once the results of a blood alcohol tests show that the driver was driving above the threshold of 0.08 blood alcohol content.
However, there are inconsistencies with regard to the results of those tests. A driver's body type, his diet, illnesses and even dentures can cause irregularities in the results of a BAC DataMaster test. The way the test was performed and the ability of the officer who conducted the test can be challenged by the defendants in DUI cases.
Recently, a woman from west of Seattle, Washington, was apprehended by the authorities in King County for driving under the influence. Records show that the woman had previous DUI convictions. The Washington State Patrol stopped the woman on Interstate 5 because of speeding. The blood alcohol content test reported that the woman had a 0.14 BAC. She was arrested and now faces a felony DUI case.
In this case, the woman has to protect her best interests as the repercussions of being convicted of DUI can be severe, especially for felony cases. One way of challenging the case is through close scrutiny of the blood alcohol tests.
Based on the reports, the woman's BAC was beyond the state's limit. If the results came from portable breathalyzers, then it cannot be used at trial. Before any tests are performed, it requires a warrant from the judge, and only the tests performed at a police station using a BAC DataMaster can be used for prosecution.
For others facing similar charges, a Seattle DUI attorney can evaluate the case in order to help protect those charged. The legal professional can put all the details of the case into context, refute the damaging allegations and represent the defendant in court. All of these are necessary to prevent or lessen the serious consequences of DUI conviction.
Source: KXLY, "Woman accused of third DUI ten years after fatal crash in Pend Oreille county," Annie Bishop, Aug. 2, 2013.