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So you've been pulled over for drunken driving and now want to know if you can challenge your blood alcohol test. You've been hearing that these DUI tests can be challenged, particularly the breath tests.
You're right. First of all, the legitimacy of breath tests and their accuracy has come under scrutiny. In Pennsylvania, for example, the calibration of certain Intoxilyzer machines was found to give results that were slightly off. In a state where DUI penalties hinge on the amount of intoxication, that's a huge deal.
Of course, the same result wasn't reached in Minnesota, where the Intoxilyzer machine's results were ruled valid, despite pushback from DUI lawyers, the Minneapolis Star-Tribune reports.
So what about challenging a DUI blood test?
As with alcohol breath tests, there are many ways to challenge a blood test. Some can be more successful than others.
Here are three ways it can potentially be done:
Of course, these are only three arguments that can potentially be raised to challenge a blood alcohol test. An experienced DUI lawyer, especially one who's challenged DUI blood tests in the past, may come up with a different challenge for your specific situation.
Then again, you have to ask yourself if it's worth your time to challenge the test's results. As some states have more lenient penalties for drunken driving than others, that's another issue you will want to discuss with an attorney.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.