Can the results of chemical breath and blood testing be challenged?
Absolutely. A number of factors can make chemical tests unreliable and / or inadmissible in a court of law. Blood tests can be tainted by non-sterile test tubes, lack of sufficient preservatives and anticoagulants. Alcohol swabs which can also falsely increase the BAC. Breath tests, which are less reliable than blood tests, are also open to attack. Breathalyzers must be properly maintained and operated by trained individuals. Breath testing is also discredited by the presence of mouth alcohol. Our DWI lawyers are well-aware of the fallibilities of chemical testing, and oftentimes are able to help our clients avoid a DUI conviction as well as a DMV suspension.