Our Boise Attorneys Counter Blood Alcohol Content DUI Tests
Challenging breath, blood and urine analysis
When you obtain your driver license, you agree to submit to a blood alcohol concentration (BAC) test if requested by law enforcement. Failure to comply may result in the suspension of your driving privileges. However, you assist the prosecution in collecting valuable evidence by submitting to the BAC test. Gulstrom & Govia represents clients charged with DUI throughout Boise and Nampa. To develop the best defense possible, our law firm aggressively attacks the prosecuting attorneys’ evidence, including field sobriety tests and BAC breath, blood and urine analyses.
Importance of BAC test results to your case
Under Idaho Statute 18-8004, you are considered impaired if you have a BAC of .08 or higher. A BAC of .20 or higher increases your potential penalties if you are convicted. Often the BAC is the most important evidence — and sometimes the only proof — of impairment.
Breathalyzer results are unreliable
The Breathalyzer is the cornerstone of many DUI cases, and it is supposed to measure your BAC when you breathe into the machine’s tube. Our law firm considers this evidence to be unreliable and inaccurate. We have substantial experience battling the prosecuting attorneys to limit the impact of this damaging evidence by demonstrating the following:
- The administrator made an error while conducting the test.
- The breath sample that was collected does not reflect your condition at the time you were driving.
- The machine has not been recently calibrated.
- The machine is defective.
- The science behind the breath analysis test is flawed.
Blood and urine BAC tests
Law enforcement officers typically use the less invasive breath test to determine the level of alcohol impairment, but they may request blood or urine samples in some situations. Your blood may be drawn if you cannot breathe into the tube because you are incapacitated by a medical condition or injury. For example, if you are involved in a serious accident and the police want to determine if you were driving under the influence of alcohol, they may conduct a blood test. In addition, law enforcement may want blood or urine samples to test for drug impairment, which cannot be determined using the Breathalyzer test.
Learn more about the role of breath, blood and urine tests in Idaho DUI cases
For more information about the effect that breath, blood and urine tests can have on your DUI defense, consult with Gulstrom & Govia Contact us online or call 208-546-9933 for your free consultation.