Sunday, August 5, 2012

Surviving the Blood or Breath Alcohol Test

All statements made in this post are just my opinion based on my experience. I am not a lawyer. This is not legal advice. If you need legal advice contact a lawyer.

Like I said, if the officer tells you to do a field sobriety test then you are going to jail. The first expense you'll deal with is that your car will probably be towed. Then you will be driven to the county jail where an official alcohol test will be administered. In many counties, you can be physically forced to give a blood sample if you refuse to do the test. Plus, the DMV will automatically suspend your license for refusing to do the test. There are things a lawyer may be able to do to help if you refuse, but it is very risky and the consequences will be more severe than if you take the test and fail it. My suggestion is to cooperate and voluntarilly give the sample whether it be breath, blood, or urine.

Here is where you can do something to help your defense by paying close attention to the details. If they do a blood test on you, note who was present during the blood draw. Which officers were there? What is the name of the person sticking you with the needles? Look at the blood vials closely. Do they look like they were sealed properly? There may be a powder inside the vials, can you see it? What does it look like? How many vials of blood were filled? Did they do anything that may have contaminated the needle or the vials? This is all information that may help a lawyer. A lawyer's job is to find any defenses to counter the evidence presented against you. Having this kind of info may help prove one of your defenses.

I did a blood test, but if you are given a breath test, you will need similar details. The officer is supposed to monitor you for a certain amount of time before the breath test to see if you burp. Burping means there is gas in your system and that can affect the breath test. How long did the officer monitor you before the test was given? Was he distracted by anything such as writing things down or talking to someone? How many times did you blow in the tube? What was the reading of each blow? Did you burp during any of the blows? Did they offer you the chance to give a blood sample in addition to the breath test? If asked, my opinion is that you should say yes, as your lawyer can have the blood tested and use those results to show the tests are no good since they gave different results.

Note that I haven't said anything here about trying to beat the tests. You really can't. Just go through the process and make mental notes about who was there? What did they do? What time did they start? What time did they end? How did they do it? This is the start of preparing for your defense.