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Blood Alcohol Test Defenses

The most important part of your Columbus DUI lawyer‘s job is choosing and building your defense. Columbus DUI lawyer Peter Binning has thorough training and experience in all categories of DUI defense, including the ways of defending against chemical tests for blood alcohol concentration, or BAC. A number of factors go into selecting the defense, including your medical history, the amount of time between your last drink and the test, the type of test you were administered, and the methods used to test your sample.

There are three types of chemical test to determine your BAC level. The breath test is the most common, as it doesn’t require a lab, making it quick and cost-efficient. The blood test is second most common, but gaining in popularity as No Refusal Weekends are leading to more and more blood warrants. The least common is the urine test. The urine test is known to be very inaccurate at testing for BAC and is more commonly used to test for the presence of drugs.

Since each BAC test is different, different defenses are used for each one. But here is a list of some of the most common:
There was no foundation for admission of the test result into evidence;
Faulty, or non-certified, testing instruments were used to test the specimen;
The chain of custody cannot be proven (in blood and urine test cases);
Improper collection or storing of the specimen (in blood and urine test cases);
Failure to follow scientifically reliable or legally required procedures for testing the specimen;
Failure to properly calibrate the machine used for testing;
Machine had not been regularly tested in accordance with Illinois law;
Test operator was not qualified to perform the test;
The test sample was contaminated before or during the test process (in blood and urine test cases);
The test results did not take into account medical conditions that can mimic alcohol during the testing process.

Understanding these defenses and selecting the appropriate one for a particular case requires ongoing and thorough training by your Ohio DUI lawyer. Columbus DUI lawyer Peter Binning has thorough training and experience in all categories of DUI defense, including the ways of defending against chemical tests for blood alcohol concentration, or BAC. Peter Binning has attended numerous seminars on DUI defense and keeps himself updated with changing DUI laws and technologies the police are using. If you have been arrested with a DUI in Ohio, call our offices today so we can start building a defense for you!

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