Gilbert Breath & Blood Tests
GILBERT DUI LAWYER – Work With a Board Certified Criminal Defense Attorney
If you are pulled over by a Gilbert Police Officer, one of the first things you may be asked to do will be to perform some field sobriety tests (FST's). You may be familiar with some of these tests, such as the ‘one-legged stand’ where an officer will have you balance on one leg for a certain period of time to see how well you can hold your balance. Another common test is the ‘walk and turn’ where the officer will have the driver walk heel to toe in a straight line, turn, and then walk back following the same directions. The officer will measure whether the driver walked in a straight line and determine how well the directions were followed. If upon completing these tests the officer believes you to be intoxicated, you may be required to submit to chemical tests such as breath and blood tests which will give a more accurate reading of your B.A.C. (blood alcohol content).
Experienced Gilbert DUI Attorney
At the Law Offices of Trent R. Buckallew, PC, attorney Trent Buckallew has extensive experience in building cases and challenging the prosecutor’s forensic evidence, including results of breathalyzer and blood tests, which both have their own unique set of weaknesses. An experienced Gilbert DUI attorney will be able to analyze the state's evidence, identify potential legal, procedural or factual deficiencies in a DUI case, and use any weaknesses as negotiating tools in resolving the case. With nearly 20 years’ experience in litigating DUI cases, Mr. Buckallew has extensive knowledge and understanding of the science behind the evidence in DUI cases and how best to challenge the weaknesses in this evidence. Also, given his master’s degree in Forensic Science, his participation in the Arizona Forensic Science Academy, and the countless DUI cases he has litigated in Arizona courtrooms throughout the course of his career, Mr. Buckallew has significant insights in how to defend against all types of DUI cases. Mr. Buckallew is a Board Certified Criminal Law Specialist, having been certified by the State Bar of AZ.
Are Breathalyzer Results Admissible in Court?
Breathalyzers are very delicate machines that require frequent calibration and maintenance in order to function correctly. Additionally, there are many factors that can undermine the accuracy of the machine, such as breathing patterns, health conditions, contaminated equipment, user error, glitches in the machines software, and many other factors Because of the many weaknesses inherent with breath testing, much of this evidence is only admissible in court under certain conditions, principally to undermine the impairment presumptions contained in Arizona law. This is a rather complex area of DUI law and Mr. Buckallew describes breath testing in much greater detail in his book entitled, ' Arizona DUI and Criminal Traffic Defense Strategies in Arizona’ (ask for your free copy when you contact the Firm).
Blood Evidence in Gilbert DUI Cases
While blood testing is a much more accurate method in measuring blood alcohol content, this method is also not without its own unique set of weaknesses. Blood testing is a complicated scientific process, and a good DUI lawyer must understand this process in order to properly investigate a blood-based DUI case for any potential weaknesses. Some of the numerous issues a DUI attorney should be looking for, include whether the blood sample was properly packaged and stored, whether there were any machine malfunctions during the blood testing process, whether the person who ran the test was qualified to do so, and whether there was any potential for contamination of the sample at any point during the process. There are many other potential issues and for a more thorough discussion of this complex aspect of DUI defense, please please visit the home page of my website to request a free copy of my book.
If you are facing charges of DUI, do not hesitate to contact this firm to better understand you rights and legal options. The firm will be able to assist you with navigating through our often-complicated criminal justice system and ensure your case is resolved under the most favorable terms possible.