Skilled DUI Representation from Our Knoxville Criminal Defense Lawyers
Most people that undergo a chemical test (blood, breath or urine) and their blood alcohol register's over the lawful limit (.08 percent blood alcohol for DUI and .02 percent blood alcohol with regard to Underage DWI) typically think that their DUI case may not be effectively defended and decide not to hire a DUI defense attorney. An investigation of the case by way of a Tennessee DUI lawyer, at the same time, frequently unveils evidence that will call into question the reliability of the chemical test and then may also contribute to maintaining your test results from getting presented in court.
The Knoxville, TN DUI attorney that you decide to hire needs to be acquainted with the numerous aspects which could impact the result of a chemical test (blood test, breath test or urine test). These kinds of factors typically result in an inaccurately high blood alcohol level. Dependent upon the kind of sample and examination, listed below are a few of the factors that needs to be examined to be sure the documented chemical test was accurate:
- Alcohol content in the mouth during collection of a breath sample
- Gastrointestinal Reflux Disease
- Blood extraction technique
- Radio Frequency Interference (which may be caused by a cellular telephone, police radio or a microwave)
- Blood or urine specimen storing
- Preservation of the blood or urine specimen
- Conveyance of the blood or urine specimen
- Blood, breath or urine specimen examination
The blood test
Was the blood drawn within the time specified by law? Was the blood drawn by a person that is certified? Was the proper amount and type of preservative used in the vial used to store the blood? Was the blood properly stored after the test? Is there a sample readily available for the defense to test independently? Are the officials, procedures and equipment used in the test all certified by the proper authorities?
The breath test
When was the breath machine last calibrated? Has the machine been serviced just before or after the test? Has the equipment and the operator been certified by the state? Exactly what calculations does the device use in order to convert air flow alcohol to blood alcohol? Is the device susceptible to outside interference coming from nearby electronic equipment? Did the individual burp or belch just before taking the test? Did the individual use mouthwash or breath spray that may have contained alcohol before taking the test?
The urine test
Did the individual completely empty his or her bladder before he or she provided the urine sample? Did the individual being tested wait the required time before he or she provided the sample? Was the sample correctly stored after testing? Is there a sample readily available for the defense to test independently? Are the officials, procedures and equipment all certified by the proper authorities? These kinds of questions will go a long way in putting a ding in the prosecutor’s case.
Skilled Dedicated Tennessee DUI Defense Attorneys in Knoxville TN
A Tennessee DUI conviction can lead to serious consequences, especially if you have earlier convictions. If you have been charged with drunk driving in Tennessee, it is important that you consult with an attorney who has experience in this area. If you or a loved one has been accused of a DUI in Knoxville or East Tennessee, call the attorneys at the Garza Law Firm for a free consultation at (865) 540-8300.