After someone is charged with driving under the influence, one of the first things they should do is seek the advice of an experienced local attorney. There are multiple defenses that a Richmond DUI lawyer can use to help mitigate the negative consequences associated with these charges. Some common defenses involve blood or urine testing, as well as different means of invalidating breath tests.
The purpose of entering into or taking an independent blood or urine screening after a DUI charge in Richmond is to challenge any blood tests done by the state or by the city of Richmond. Since the city of Richmond only conducts blood, not urine, tests for DUIDs, the main purpose for an independent screening would be to challenge the results of said blood tests or determine if the state results were erroneous.
If the findings of independent blood tests are different from the states, the new evidence can be used to prove that the state’s testing procedures were faulty. It can also be used to show that the state’s results were incorrect, likely due to these faulty testing procedures.
An individual can be brought in as an expert to testify the validity of the test results and how their findings differ from the state’s tests. This person will also testify as to their expertise on the subject and why they believe that the state’s tests matter.
If a person has belched prior to taking a breath BAC test, this could create what is called “mouth alcohol” or “breath alcohol.” This may affect the results of the test because it can increase the levels that the machine detects and provide an elevated blood alcohol reading. This, too, is a possible defense. Additionally, a lawyer can also potentially argue that a person’s BAC level was actually under the legal limit while they were driving, and that their BAC didn’t pass the limit until after they were stopped, brought back to the station, and given a Breathalyzer test. This is known as a rising blood alcohol defense.
If an individual has dentures or false teeth, sometimes they can soak in the alcohol and, again, provide an elevated test. An attorney could provide evidence of the dentures or false teeth as well as evidence to support the finding that the BAC was elevated due to the dental work.
Although this argument has been attempted, a non-alcoholic alcohol-based product typically does not affect a person’s breath test. To prove this, an attorney would need to provide medical documentation or scientific evidence showing that the breath test results were altered due to this type of product. However, it can sometimes be argued that inadvertent intoxication occurred if there is proof that the individual was unaware of alcohol existing in the product they had consumed.
In addition to an independent blood and urine test, an attorney will want to acquire information on an individual’s medical background, prescription treatments, and any counseling potentially received due to drug issues in the past. All of this information can factor into how a DUI case in Richmond is finalized.
When meeting with a lawyer to discuss possible defenses against a Richmond DUI charge, an individual needs to provide information about their charges, including summons and bond information. They will also need to provide any evidence of any medical conditions they may have, as well as anything that could affect their mouth, such as dentures. All of this information can be useful for an attorney to review and examine.
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