DUI Toxicology Expert
In all 50 states, it is against the law to operate any type of motor vehicle—be it a car, boat, or motorcycle—with a blood alcohol concentration (BAC) of .08 percent or higher. For commercial drivers and minors under the age of 21, this level is much lower. If your BAC is over the legal limit, you may be charged with a “per se” violation. Even if your driving ability was not impaired by alcohol consumption, you may still be charged with drunk driving for having a BAC over the limit.
A DUI toxicology expert knows the strengths and weaknesses associated with the prosecution’s blood and/or breath evidence. If you have recently been charged with a per se drinking and driving violation, it is in your best interest to contact a DUI defense attorney. Your attorney will help you decide whether you should hire a DUI toxicology expert to help your case.
There are two tests that are used during a drunk-driving arrest: a preliminary breath test (PBT) and an evidentiary breath test.
The PBT is a portable test that is administered when the driver is pulled over. This test is used to determine if there is enough evidence to make a DUI arrest. This test is known for being unreliable, and the results are generally inadmissible in court. However, if the DUI toxicology expert can show that the test was administered incorrectly or the results were flawed, the case can be thrown out due to a lack of probable cause.
The evidentiary breath test is used to determine the driver’s official BAC. The toxicology expert will review the circumstances of the testing to look for factors that could have affected the test results. For example, certain medical and dental conditions may lead to an inflated test result. If there was a long period of time between the arrest and the evidentiary breath test, this may have led to a rising BAC, making your BAC higher than it actually was when you were initially pulled over. Even gum, mouthwash, and tobacco products may have an impact on the BAC results.
A DUI toxicology expert can be beneficial to your case. An expert’s testimony may have your charges minimized or dropped altogether. To learn more about how a toxicology expert can help you, contact a DUI defense lawyer in your area today.
