The DUI Attorneys at Razumich & Delamater Can Help Show the Flaws in the “Science”
A driver suspected of a DUI offense in Indiana will be asked to submit to what’s known as a Certified Chemical Test. This Chemical Test is designed to determine whether your Blood Alcohol Concentration is at .08 or higher. If it is, you’re going to need a good DUI attorney to fight to avoid being convicted of a DUI offense.
There Are Two Types of Certified Chemical Tests
Indiana has two major types of Certified Chemical Tests that a driver suspected of drunk driving will be asked to submit to: a Certified Breath Test and a Certified Blood Test. A Certified Breath Test measures the weight of alcohol on a person’s breath, and displays the results as grams of alcohol per 210 liters of the person’s breath. This test is taken on a stationary machine usually located at a police station or jail. It is different from the portable breathalyzer test that the officer may ask you to take when he pulls you over. A Certified Blood Test measures the weight of alcohol in the person’s blood, and displays the result as grams of alcohol per 100 milliliters of the person’s blood.
Do NOT Refuse to Take a Certified Test!
When an officer requests a chemical test, it can often feel like a lose-lose situation. Popular myth often suggests you should refuse a chemical test. This is a bad idea. Indiana law provides that a person who refuses to submit to one or more Certified Chemical Tests will have their driving privileges suspended for one or two years. Additionally, a person who refuses a Certified Chemical Test is not eligible for a hardship license. Even if you do refuse, the officer will most likely apply for a search warrant to perform a forcible blood draw on you. This means that the State will STILL have the level of your Blood Alcohol Concentration, but you will have lost the ability to drive for one or more years. Refusing to take a Certified Chemical Test is taking a bad situation and making it worse.
There’s Still Hope!
Even though it may seem like there’s no hope for your case if your Blood Alcohol Concentration comes back at .08 or higher, experienced attorneys like the ones at Razumich & Delamater can still find defenses to help your situation. For example, both certified tests have their problems, and both tests can be attacked at trial. The breathalyzer machines used by the police are extremely sensitive, and capable of malfunctioning. On average, unless the breathalyzer machine was recently cleaned and calibrated prior to your test, it can be incorrect by as much as .03 grams of alcohol per 210 liters of your breath. With a low BAC reading, this could mean the difference between guilt and innocence. Blood tests are even more prone to error due to the number of people involved in the collection, preservation, and testing of the sample. Additionally, in order to deliver results quickly, crime labs will often test serum, or plasma, rather than whole blood. The BAC results from testing serum can be up to 20% higher than whole blood results.
We’ll Fight for You
Most people who are convicted of a drunk driving offense are convicted because of the results of the Chemical Test. We will aggressively fight on your behalf to ensure that the Chemical Test was performed in the manner required by law, and fight even more aggressively to preserve your innocence if the test is invalid.
If you or someone you love is facing this battle, contact the attorneys at Razumich & Delamater today. We’re ready to fight for you.