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Is it possible to contest blood or breath tests?

| May 26, 2021 | OWI

Imagine coming home from a business meeting. You had a few drinks, but you made the deal and feel pretty good about your position at your company. Then, an officer pulls you over, and the next thing you know, you’re facing an OWI in Grand Rapids.

OWI charges are serious, and they can have a lasting impact on your career. It’s possible to lose your job in some cases, or you could have your professional licenses threatened. That’s why you need to contest the results of the blood or breath tests.

Is it possible to contest blood or breath tests?

It is possible. You should never accept the results as they are, because there are many aspects of the tests that could go wrong or lead to inaccurate results. Blood and breath testing are both complicated, in that the technician performing the test has to be properly trained and the machines have to be in good working order.

The machines also have to be calibrated regularly, and it is the government’s responsibility to prove that they are working accurately.

There are a few different OWI tests that may be used during a stop, such as:

·       Gas chromatography

·       Infrared spectrometry breath testing

·       Field sobriety tests

Even when all three of these main tests come back showing that you were impaired, there can still be questions about their accuracy. Depending on how the traffic stop went and the results that came back, you may be able to have some evidence removed from the case. That’s something to remember as you build your defense.

What could affect blood or breath tests?

Certainly the things you eat or drink may impact the tests, but so can medical conditions. Neurological disorders, like seizure disorders, metabolic disorders, diabetes and other medical conditions may result in symptoms that mimic intoxication. It’s vital that you work with your attorney to show that you were not impaired or that the machinery used to take your blood or breath tests were not used correctly. Even handling the evidence incorrectly could lead to it being thrown out and your case being dismissed, which is something your attorney will look for in your case.