When you are pulled over and the officer suspects you are under the influence of alcohol or drugs, they have already begun the process of trying to build a case against you. Every question they ask, every test they request, are all intended to later prove to a Judge or jury that you were drunk when they pulled you over. Ultimately, you will be offered a breath test, blood test, or perhaps, in the case of drugs, a urine test. Any good criminal defense attorney will likely tell you to refuse any of these tests. They will tell you that agreeing to take a breath or chemical test is simply providing the prosecutor with more evidence to use to secure a finding of guilty on your case. If you agreed to a breath or blood test, however, all is not necessarily lost.Both of these kinds of tests must be performed in accordance with certain legal requirements. In the case of a breath test, the State must show that the breathalyzer machine has been maintained properly, that it has been calibrated to ensure its accuracy, that it is tested on a regular basis and that the person taking your breath sample is certified to do so. They must show that they have allowed for a twenty minute period of observation, during which time they must show that you have not had anything to eat or drink, that you haven’t been belching. In the case of a blood test, they must show that the test has been performed according to standards promulgated by the Department of State Police by a licensed physician, registered nurse, trained phlebotomist, certified paramedic or another individual possessing a valid permit by the Department of State Police. The test must be performed properly.In short, just because you have agreed to a breath or blood test, it does not mean that all is lost. But if there is a worthy challenge to be made to the result of your breath or blood test, you need an attorney experienced in fighting DUI arrests
in Cook, Kane, DuPage, Lake and Will County to advocate for you. Call the attorneys at John W. Callahan, Ltd. for a free consultation.
- Posted by Schaumburg DUI lawyer John W Callahan