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In Ingham County and throughout Michigan, chemical tests are used to determine whether an individual may be intoxicated; if someone's BAC (blood alcohol content or concentration) is more than Michigan's legal limit of 0.08%, he or she may be arrested on suspicion of DUI. At The Leydorf Law Firm, we vigorously challenge the results of chemical and/or blood tests. We understand that there are many factors that can affect the results of these tests, and that the results of chemical testing are often the basis of whether an individual is found guilty.
A blood test or DataMaster breath test will be used to determine the BAC of any person who is arrested for OWI or drunk driving in Lansing. While there are other factors that are used to determine whether an individual is charged with DUI such as field sobriety tests, odor of alcohol, or the person's driving behavior, chemical and blood tests play a large role in whether an individual is charged. It is vital that you contact Lansing DUI defense attorney Nicholas Leydorf immediately, as a conviction will result in driver's license suspension, fines, jail time, and other damaging consequences.Chemical Testing in Ingham County Drunk Driving Cases
Individuals who are suspected of driving under the influence will be given a choice of taking a breath test or a blood test. While you may not be aware of it, you consented to submitting to chemical testing when you applied for your Michigan driver's license. If you choose to not submit to the chemical test, there can be drastic consequences, including a suspension of your operator’s license.
If you choose to take a breath test, a device known as the DataMaster will be used to measure your blood alcohol concentration. Should you choose a blood test, it will be administered at a hospital using a process known as gas chromatography. In this procedure, blood is drawn and then mixed with chemicals. To put it in simple terms, the blood and alcohol then separate which makes it possible for technicians to determine whether an individual's BAC is greater than 0.08%.
While the blood test is thought to be more reliable than the breath test, there are still many opportunities for the results to be compromised. For example, all equipment used in testing must be properly calibrated; tests must be administered properly, and handled in a manner that will not allow for contamination. In addition, with gas chromatography results will only be accurate and reliable if a constant temperature is maintained. Certain procedures need to be followed and if they are not, this may be grounds to suppress the test results. For instance, case law requires that in order for scientific evidence to be admitted, certain factors need to be established. For example, what is the known error rate for testing that is performed by the Michigan State Police? If the prosecution is unable to establish that the test has an error rate, then the argument follows that a proper foundation has not been established to introduce the results of the blood test.Contact DUI Defense Lawyer Nicholas Leydorf Today
As you can imagine, the results of chemical testing can lead to charges of DUI regardless of whether you are guilty. There is substantial room for errors to be made, or for results to be compromised. At The Leydorf Law Firm we will challenge not only the results of blood or chemical tests, but any and all evidence which could lead to a conviction and the resulting harsh criminal penalties. For unsurpassed legal guidance and support in your drunk driving case, contact us today at (517) 388-6800.