Breath and Blood Test: Chicago DUI Lawyer
DUI Attorney Serving Chicago
A critical part of securing a Chicago DUI conviction will be proving that the driver was operating a vehicle with a BAC (blood alcohol concentration) of .08% or above. While field sobriety tests or opinions as to levels of intoxication can be the foundation for an arrest and for charges being brought against the defendant, there is no question that the most significant of these is the driver's blood alcohol level.
The most common test is the breath test. While blood and urine tests can also be taken and are permissible as evidence, these are less common due to the difficulties in administration; they require medical facilities or clinic-type environments, and there is normally a delay of days in obtaining results.
The first test given is generally a portable breath test which is administered in the field. These results are rarely used as evidence in court but are used mainly to establish probable cause for the officer to make an arrest. The more solid results that will be used as evidence are derived from breathalyzer machines. These are generally kept at police stations but some units, especially those set up to catch drivers at roadblocks, will have these available for field testing.
While one can, in theory, refuse to take these tests this does not mean one can or will not suffer the penalties. Illinois law recognizes the concept of “implied consent”, which is established based upon the fact that when a driver signs to receive his or her license that he or she also agrees to submit to chemical testing after a lawful DUI arrest. Refusal to take the test is a refusal to comply with your previous implied agreement to take BAC tests when driving. This will therefore most likely lead to the immediate suspension of your license and other possible penalties.
Weaknesses in Blood and Breath Tests
As any experienced Chicago DUI lawyer can tell you, there are many flaws and potential problems with breath and blood tests. At the Law Offices of Howard J. Wise & Associates we have long since learned, after literally hundreds and hundreds of DUI cases, that these tests may not be infallible. They are often administered incorrectly or may be administered with a unit that is not properly calibrated. There may be other problems that must be immediately investigated for your defense. We understand the weaknesses in these tests and in the procedures. If you have been pulled over for a suspected DUI and had a BAC of .08 or above, do not give up hope.
Even if you were told that you failed a breath test or blood test, it is imperative that you contact a Chicago DUI attorney who will know exactly what to look for in handling your case. Call today!