Drivers who are stopped for driving under the influence will be requested to take a field test and a BAC (blood alcohol level) test to determine their level of intoxication. The results from these tests are used to determine if they are over the legal limit for driving and if they should be arrested. If a person does not pass these tests and is arrested, he or she will want to contact a DUI Lawyer in Orland Park quickly.
What is the BAC Test?
The BAC test is any test that checks the blood alcohol content of a person who is suspected to be driving under the influence. When the person is stopped, this is typically a breathalyzer test, but the authorities could also require a blood or urine test to determine the amount of alcohol in the person’s body.
How Can the Results be Disputed?
When a breathalyzer is used, the lawyer might argue the machine was not properly calibrated or was not used properly. Mistakes are easily made with these machines, so this is plausible. The lawyer might need evidence that shows the breathalyzer had not been calibrated or a second BAC test result from right after the arrest that shows the person couldn’t have been intoxicated at the time.
What About the Field Test?
Even if the results of the breathalyzer are dismissed in court, there is still the results of the field test to dispute to have the case dismissed. However, lawyers may be able to do this by disputing the results, claiming a medical reason for the test not being done properly or use other evidence to show the field tests are not reliable. If both of the test results can show a reasonable doubt as to whether the person was drunk and driving, the case can be dismissed.
If you’ve been arrested and charged with a DUI because of your BAC and field test results after being stopped, you can contact a DUI Lawyer at Michael D. Ettinger & Associates for help right away.
