BLOOD ALCOHOL CONTENT IN AN INDIANA DUI CASE

A key piece of evidence in all DUI cases is the defendant’s blood alcohol content.  If the police believe that you are impaired the officer will give you the choice between taking a breath or blood test to determine your blood alcohol content (BAC).  While you have the right to refuse to take the test, doing so may not be the best option.  Therefore, you should think very seriously before refusing a test.

Breath Test Machines

The breath test machines used in Indiana keep data regarding all test results and the machine’s performance.  Your DUI attorney can request and examine the machine’s data for errors that may call your test results in question.  Obviously if the machine is not providing accurate test results those results should not be used to convict you.  Breath test machines need to be correctly maintained and over time testing errors can occur more frequently.  Your Carmel DUI lawyer can analyze the data in an effort to discover testing errors that would be used to falsely convict you.

Required Procedures

Additionally, there are other required procedures involving breath test machines that must be followed before the test results can be used.  Among other things, the operator of the machine must be certified, and the machine must be properly maintained.  If these legal requirements are not followed, your lawyer can make the appropriate legal arguments to keep this evidence from being used against you.

The Preliminary Breath Test (PBT)

Before you are taken to the police station and given a “breathalyzer” test, the officer will ask you to submit to take a preliminary breath test on a small handheld machine.  You are NOT required to take this test and you should decline the test.