Can I Challenge a Breathalyzer or Blood Test?
Machines, like humans, make mistakes. Breathalyzer and blood tests are not always accurate. Yet they often serve as the foundation for DUI/OVWI convictions. When your driving record — and perhaps your freedom — are contingent on these sobriety tests, you should never assume they are beyond challenge.Rely on the Informed Guidance of a Former Deputy Prosecutor
Successfully challenging the state’s evidence requires in-depth knowledge of the law. Fortunately, you do not have to navigate complex legal issues alone.
You can count on the proven experience of DeVries Law Office. Founding attorney Scott A. DeVries is one of the state’s leading authorities on motor vehicle and DUI law. If you work with him, you will not only benefit from the experience of a seasoned defense lawyer, but you will also benefit from the valuable insight Mr. DeVries gained serving as a deputy prosecutor, master commissioner (appointed judge) and legal adviser to the Indiana Bureau of Motor Vehicles (BMV).Exploring Every Angle to Challenge Faulty Evidence
The state often relies on Breathalyzer and blood tests to prove its case. Depending on your circumstances, however, our attorney may be able to request that the court prevent such damaging evidence from being used against you. Without this evidence, the prosecutor might reduce or dismiss the charges.
Mr. DeVries is well-versed in the many ways to keep breath and blood test results out of court. He will examine every detail of your case to analyze the admissibility of the state’s evidence, raising questions such as:
- Did the law enforcement officer properly calibrate the Breathalyzer?
- Did he or she receive adequate training to operate it correctly?
- Did environmental factors interfere with the results?
- Did the officer have a lawful basis for administering a breath or blood test?
If there is any weakness in the case against you, our team will find it and leverage it to your advantage.Don’t Accept the State’s Evidence Without a Fight
If you have concerns about the accuracy of Breathalyzer or blood tests in your case, don’t hesitate to take advantage of our attorney’s vast wealth of knowledge. Contact our Indianapolis office via email or call (317) 752-7563 to request an appointment. Our firm serves people across Indiana, and initial consultations are free in matters involving intoxicated driving.