Taking the Blood Alcohol Test - BAC Defense Attorney Delaware

Always contemplate your options before drinking.  You never want to break the DUI or DWI law, or any law for that matter.  If you are unsure, use logic and reason to guide you. Do not make a rash decision at the time of the police stop.  Try to reconstruct how much you have consumed in the way of alcohol, medications and drugs, and how much food you have eaten and times of consumption.

A breath alcohol test is a test administered by law enforcement to determine an individual's blood alcohol concentration (BAC).  A person's BAC indicates the percentage of alcohol in his/her bloodstream.  In order to determine a person's BAC, law enforcement usually asks him or her to take a breath test (often known as an Intoxilyzer or Breathalyzer test). Sometimes they will have a blood test administered.

Like most tests, the breath test is not foolproof. Defective testing equipment or human error during administration can lead to false breath test results.  Merely because the client has a BAC over the legal limit (.08) does not mean the case cannot be won, and indeed, such cases are often successfully resolved.  Typically, with an good and experienced DUI lawyer, you make as many attacks as possible on the state's evidence.

Was your Blood Alcohol (BAC) Test Accurate?

As an experienced defense lawyer, I know that blood and breath tests for blood alcohol content collected after a traffic stop can be challenged successfully.  My aggressive defense against admission of evidence gained through your BAC test may include the following:

• The test equipment was faulty.
• Standard operating procedures were not followed.
• A foreign object was in the mouth during a breath test.
• Prescription medication or mouthwash affected test results.
• The technician or officer administering the test was unqualified to do so, or the chain of custody was defective.
• The technician is not inclined to follow through and testify against you.

The point to remember here is that there are many ways to successfully resolve a DUI case.  Merely because you may have a breath or blood alcohol reading that is over the legal limit does not mean that you may not have a viable defense.    I have seen many innocent people over the years be convicted or throw in the towel because they did not stick up for themselves.   I would and do encourage any reader to be "pro-active" about your situation.  Do not let a bad error in judgment harm your entire future.   Call me.    -Kevin O'Neill

Kevin P. O'Neill, Attorney at Law • Wilmington, Delaware • Contact Me