| One of the most conclusive types of evidence that | | | | A police officer normally administers the second test, a |
| can be heard against a defendant accused of | | | | urine test, when the suspect arrives for booking. This is |
| DUI-driving under the influence of drugs/alcohol-is blood | | | | the least accurate of the testing methods because it is |
| alcohol content. Also known as BAC, blood alcohol | | | | impossible to quantify how much alcohol is present in |
| content is determined in three different ways, normally | | | | the body. Normally, urine testing is done when the |
| after the completion of the arrest process. All three | | | | officer suspects the person is driving under the |
| can be effectively used to prove the level of sobriety | | | | influence of illegal or prescription drugs. With this type |
| a defendant displays, and can be entered as evidence | | | | of testing, the results compared with the urine's |
| in court in almost every state in the United States. | | | | composition to determine the presence of drugs or |
| The first way that BAC is calculated is through a | | | | alcohol (normally via scientific evaluation). |
| breathalyzer test. The driver breathes a forceful | | | | An experienced DUI attorney will understand what |
| stream of air into a machine, which tests the amount | | | | arguments can be used effectively in this situation |
| of alcohol present. Most television shows and movies | | | | when presented with this evidence. No evidence is |
| glorify the breathalyzer test, but it is actually one of the | | | | always viewed as concrete, as there can be unusual |
| least accurate indicator of blood alcohol content of the | | | | situations present in each individual case that can skew |
| three. The highest number of television shows and | | | | the information offered by the evidence toward the |
| movies that feature drunk driving from the officer's | | | | prosecution. |
| perspective will portray him or her using a breathalyzer | | | | The final test is a blood test. This testing is extremely |
| machine to test BAC. | | | | accurate, and considered the most reliable and |
| The arresting officer will inform the suspect that he or | | | | effective form of testing. It is nearly impossible for |
| she has a duty to submit to a breathalyzer test. A | | | | most attorneys to refute this type of evidence but an |
| failure to comply can result in the DMV (Department of | | | | experienced drunk driving attorney will be able to |
| Motor Vehicles) imposing more severe license | | | | examine the evidence from all perspectives to search |
| suspensions than if you had cooperated and provided | | | | for potential defenses. These can include medical |
| a breath sample. Drivers over the legal limit have the | | | | explanations, faulty equipment, etc... |
| opportunity to plead remorse, or offer mitigating | | | | Most judges view blood testing for BAC to be |
| circumstances, or even have the evidence | | | | concrete in the majority of cases. An experienced |
| suppressed, but drivers who did not test cannot argue | | | | attorney will understand how to present the evidence |
| on their own behalf as effectively. In addition, in most | | | | in the most favorable light possible for you, depending |
| states when you refuse to submit to a breath test a | | | | on your unique circumstances, so seek help early to |
| more severe penalty will be imposed by the court. | | | | preserve your rights. |
| Usually this results in a longer license suspension time, a | | | | This information is provided solely for informational |
| higher fine and/or additional jail time. | | | | purposes and does not constitute legal advice. |