As an attorney with ten years of experience, including a significant number of DUI cases, I understand the importance of “Attacking the Chemical Test” in these types of cases. Chemical tests are often used as evidence in DUI cases, and it’s important to ensure that the results of these tests are accurate and reliable. A thorough examination of the scientific reasons behind the results can help determine if there are any issues that may lead to inaccurate results and false positives. In this article, I will discuss the common scientific reasons why a chemical test in a DUI case may be challenged.
Some common scientific reasons why a chemical test in a DUI case may be challenged include:
- Improper sample collection: If the sample was not collected properly, it can lead to inaccurate results. This can happen if the sample was not collected according to protocol, if the person collecting the sample was not properly trained, or if the sample was not stored properly.
- Contamination: Contamination of the sample can lead to inaccurate results. This can happen if the sample was not collected in a way that prevented contamination, if the sample was contaminated during storage, or if the sample was contaminated during analysis.
- Instrumental error: If the instrument used to perform the chemical test is not calibrated properly or is not functioning correctly, the results may be unreliable. This can lead to inaccurate results and false positives.
- Operator error: Operator error can also lead to inaccurate results. If the person performing the test makes a mistake, such as using the wrong reagents or not following the procedure correctly, the results may be unreliable.
- Interference: Certain substances may interfere with the chemical reaction being measured, leading to inaccurate results. This can happen if the person being tested had taken certain medications, supplements, or other substances that could interfere with the test.
As a DUI attorney, I understand the complex scientific issues that can arise in these cases and how they can impact the outcome of a case. If you have been charged with a DUI, it’s important to speak with an experienced attorney to determine if the chemical test results in your case may be challenged. My office offers a free consultation to help you understand your rights and options. Don’t hesitate to contact us to schedule your appointment today.
BAC measured by a Gas chromatography mass spectrometry