Breath & Blood Test Attorney in Chicago

Can a breath or blood test be defended against?

Many people feel that if they have been found to have a blood alcohol concentration (BAC) of 0.08% during a breath or blood test, there is no recourse. This is not the case. Breath test machines have been found to be faulty and in some circumstances the test is not administered per procedure. If a blood test is contaminated in any way, this could adversely affect the results. In the event that you were subjected to an unlawful police stop, the evidence found may be inadmissible.

There are successful strategies to defending against a DUI charge. Due to the fact that no test is infallible (including field sobriety tests), there is a fair possibility that you may have been incorrectly charged. The procedure for a traffic stop and the actions to be taken by a law enforcement officer are very specific. If these procedures were not followed exactly, a Chicago DUI lawyer should be consulted with to ensure your rights were not violated in any way.

DUI Conviction Penalties

Penalties for refusing to submit to a breath or blood test are administrative and generally results in a term of suspension whether you refuse, or whether you blow over the legal limit. A refusal to submit to a chemical test can be used only to show a consciousness of guilt for driving under the influence, but this can be rebutted. Being arrested for a DUI could mean penalties of fines, community service, possible jail time and having your driver's license revoked for a lengthy period of time. Having multiple DUI convictions increases the penalties drastically.

At The Toney Law Firm, an attorney will be able to go over all of the details of your police stop, the procedures taken in administering the breath or blood test, the results themselves and any other information that is applicable. A defense strategy can be outlined and all of your questions can be answered. There is no reason to believe that you must accept the breath and blood test results without question.

If you feel that the results of your breath or blood test were inaccurate, contact a Breath & Blood Test Attorney in Chicago to develop an effective defense.