Las Vegas DUI Attorney

Have you recently been pulled over on suspicion of drunk driving? If so, then you are likely aware of the different forms of testing that the arresting officer will utilize in an attempt to build a case against you. These can range from the preliminary field sobriety tests to the more formal breath and blood tests. These are believed to be more "scientific" in nature and therefore more foolproof, however, it does not necessarily mean that they will be without flaws. With the assistance of an experienced Las Vegas DUI attorney, you will be able to attack the validity of these tests and will be able to combat the charges.

Breath Test - Challenging the Evidence

One of the most common forms of chemical testing is that of the breath test. The process for this test is simple and will almost automatically deliver the results of the test. All a subject will need to do is breathe into the machine's mouthpiece (commonly referred to as a Breathalyzer) and deliver a breath sample from a deep breath - one from the lungs, not shallow breathing. The machine will then analyze this sample and deliver back a reading of the subject's blood alcohol concentration (BAC) to let the officer know whether or not the subject is over the legal limit.

This is common and therefore many people believe it is a solid form of testing. The truth, however, is that there are many flaws associated with this type of test. For example, it is mandatory that the Breathalyzers receive regular calibration to ensure that they are delivering accurate results. If they have not been checked lately, the results will be unable to be thoroughly relied upon. Even if the machine is running 100% accurately, however, there are other factors that could cause a false reading - such as the existence of mouth alcohol throwing off the machine.

What are the flaws of DUI blood tests?

Following the breath test, one of the final and believed to be the most accurate form of DUI testing is known as the blood test. This is typically administered either at the police station or the local hospital as the blood must be drawn from authorized and fully trained personnel. This blood sample is then sent to the lab and will be tested using the most sophisticated of equipment and will deliver the most accurate results regarding the BAC of the subject.

Even this, however, is prone to error. For example, if the person who drew the sample was not properly trained, they could have done so wrong. In blood testing, it is required that the draw spot is sterilized with a product that does not have any alcohol in it (as this could contaminate the sample). If they cleaned the subject's draw spot with an alcohol-based product, the sample would be skewed. Similarly, if the sample was not stored with the proper amount of anticoagulants or preservatives, it could begin to clot. The largest mistake, however, is simply in tracking where the sample is and who has access to it. If this is broken it is referred to as a break in the chain of custody.

Las Vegas Criminal Attorney for DUI Defense

If you have been criminally charged with driving under the influence, we at the De Castroverde Law Group are prepared to help you fight for your desirable outcome. We have extensive experience in handling criminal cases of all kinds and focus on handling the complex DUI-related cases. Due to the nature of the Las Vegas area, these cases are common, especially for visitors who are enjoying the area from out of state. We have the experience needed to handle these cases and are even prepared to help those who are crossing state lines.

We encourage you to give a Las Vegas criminal defense attorney from our firm as soon as you can following a DUI arrest. When your future is on the line, you need to be confident that you have an advocate on your side who will be able to go the distance for you. We have years of experience and are a family-run firm. You will be able to rest assured knowing that you will have a heavyweight in your corner that will deliver the aggressive defense associated with large firms while still giving you the personalized attention of a much smaller firm.

Have questions about the breath and blood tests? Don't wait! Contact the De Castroverde Law Group today to discuss your DUI case and the ways that we can help to defend your rights.