DUI Blood Alcohol
DUI is one of the most science heavy areas of law and some people only look at the numbers or the dui blood alcohol. It is not given enough respect by a lot of attorneys. Some attorneys will see it as a number only. For example, I have heard attorneys say it’s a .24 it’s not beatable. This is malpractice in my opinion. In a .24 case a person should medically be a goner. If he is still operating and has the fine motor skills then there is a disconnect. Something must be wrong. This is where the defense begins in a high dui blood alcohol. A high dui blood alcohol reading coupled with good facts tend to show something is wrong with the machine or a police officer’s procedures.
If necessary, you can also bring in an expert to help out with the DMV hearing. You can use this opportunity to get the materials long before court. Your case is started before you ever get to court in a high dui blood alcohol.
If there is a breathe machine at use in your case then you ask for calibration and maintenance records for your machine. This is done because machines are just that machines! Your high dui blood alcohol case may be the result of an error. They have problems functioning. This happened in local police department where two of their intoxilyzer 5000 were spitting out errors.
You will also ask for computer aided dispatch. This is necessary for your case. It shows where the police officer is in your high dui blood alcohol case. This is critical in checking the times of the officer. Often times an officer may have a lapse in judgment or write a report later. This is critical in the 15 minute observation area. If the computer aided dispatch shows he pulled you over at 12:10 and he put down 12:00 in his report and the breath machine says 12:19 after the fifteen minute observation then that means he had 9 minutes to do all the observations give you field sobriety test then observe you for 15 minutes which is an impossibility
If your case involves blood. A retest is also included. Blood collection is never perfect. The right alcohol swabs might not be used thus increasing your DUI blood alcohol. The wrong ones will have alcohol in them which can artificially push the alcohol up. Also, if there is no preservative in the vial then the blood can ferment. The blood will produce its own ethanol alcohol when this happens. A retest of the blood for the ethanol content and the amount of preservatives is recommended.
There may also be a motion to suppress which is followed by a trial. This is all done to setup the trial. The trial usually last 3 to 4 days.