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If you’ve been arrested for DUI and you submitted to blood or breath testing to determine your blood alcohol content, what you may not be aware of are the many variables affecting the outcome of this test.  The reliability of blood and breath testing to determine a person’s BAC depends highly on whether the tests were properly administered and if the machines used by the police were functioning correctly.  If your testing wasn’t done appropriately or accurately, this can be an excellent defense.  As your attorney, Ryan M. Garvey will do all he can to expose any errors involved in the test that was administered to you.

Breath Testing

As an experienced DUI Lawyer, Ryan M. Garvey has seen firsthand the many errors that can occur during a breath test.  Sometimes the test subject has health issues that can adversely affect their breath test results including asthma, diabetes, emphysema, ketosis, bronchitis, dental issues, and heartburn.  Some common technical issues he has seen with breath tests during his time as a Phoenix DUI attorney include:

  • The machine must be warmed to the correct operating temperature
  • Outside environmental causes such as air quality may cause inaccurate results
  • A deep lung sample has to be provided and proven
  • The equipment must be properly maintained, cleaned and calibrated to perform accurately
  • Mouthwash, lip ointment, and other common personal items can affect breath test results
  • Police radios have been known to cause frequency interference with testing equipment

Blood Testing

In Maricopa County, blood testing is considered to be the most accurate form of testing for determining BAC, but there are many errors that can occur with this test as well.  Some factors that could affect the accuracy of a blood test include:

  • Contaminated or faulty medical equipment
  • Improper method used to draw the blood
  • Improper storage or transportation of the blood sample
  • If a test subject has anticoagulants present in their blood, this can result in an inflated and inaccurate BAC test result

Remember, you have the right to refuse blood or breath testing, but if you do there may be consequences such as the suspension of your driver’s license.  If you have been arrested for DUI in the greater Scottsdale area, it is important that you request to contact a lawyer before making any decisions about taking blood or breath tests.  Attorney Ryan M. Garvey will advise you as to what actions you should take regarding breath or blood testing in your particular case and will handle the results in an effective way to ensure your DUI case is resolved in the best manner possible.