Why You Should Consider Challenging Breath or Blood Tests
Challenging breath or blood test results is often worthwhile because scientific evidence can be flawed for many reasons, and a strong challenge can limit the state’s ability to prove impairment. Even if the test appears to show a particular reading, procedural lapses or technical errors can render that number unreliable. Taking action early to investigate and raise appropriate legal objections preserves defenses that might otherwise be lost. For residents of De Kalb, pursuing these challenges may protect driving privileges and other rights impacted by a DUI conviction.
Another reason to consider this service is the potential to change case outcomes without the need for trial, whether through suppressed evidence, reduced charges, or negotiated resolutions. The stakes in DUI cases often affect employment, insurance, and personal freedom, making thorough legal review important. By carefully scrutinizing testing procedures and documentation, it may be possible to achieve a result that better aligns with your interests. In Kemper County, documented procedural issues can provide leverage during plea discussions or pretrial negotiations.
Common Situations Where Test Challenges Are Needed
Challenges commonly arise when records show missing calibration checks, unclear chain of custody, improper blood draw techniques, or untrained personnel administering tests. Medical conditions, recent consumption of substances, or errors in laboratory processing can also affect results. Any sign of inconsistency between witness statements and testing documentation may provide a basis for challenge. If you encounter any of these circumstances in De Kalb, it is important to pursue a careful review of the evidence and prepare appropriate motions and defenses.
Missing Calibration or Maintenance Records
When a breathalyzer lacks up-to-date calibration or maintenance records for the date of testing, its results may be unreliable. Missing documentation raises questions about whether the device returned accurate readings at the time of use. Reviewing logs and cross-checking maintenance schedules can reveal such gaps. In De Kalb cases, identifying absent or incomplete records can form the basis for motions to exclude breath test results or for impeachment at trial if the state attempts to rely on those readings.
Chain of Custody Breaks for Blood Samples
A break or inconsistency in chain-of-custody documentation for blood samples can undermine confidence that the tested sample belongs to the defendant or was handled properly. Missing signatures, unclear transfer records, or storage issues may suggest contamination or mislabeling. Demonstrating such concerns in Kemper County proceedings can weaken the prosecution’s reliance on blood test results and provide a basis for suppression or impeachment, which can materially affect the case outcome.
Improper Pre-Test Procedures or Observation
Proper pre-test observation and instruction are required for reliable breath testing. Failure to observe the defendant for the required period, inadequate guidance, or immediate administration after certain activities can skew readings. Documenting deviations from required pre-test protocols can support challenges to breath test reliability. In De Kalb, arguing that procedures were not followed correctly may be an effective way to cast doubt on the prosecution’s scientific evidence and to seek suppression or limitation of those results.
