Larry P. McDougal
Larry P. McDougal - Attorney at Law
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What should I know about blood alcohol concentration testing?

Many questions surround drunk driving traffic stops. Some impact the defense strategy you employ when facing charges stemming from the event. It is imperative that you think carefully about all of the things that happened when you were stopped and throughout the rest of the incident.

One point that has a significant impact on drinking and driving cases is the blood alcohol concentration percentage. There are a few important facts to know about these tests.

How do officers check a person's blood alcohol concentration level?

There are a few different ways to check a person's blood alcohol concentration level. One of the most common at the time of a traffic stop is for the officer to use a portable breath test. If your result is higher than the legal limit, you will be taken to either the police department or a hospital to have a more accurate test done. This can be done by using a breath, urine, hair follicle, saliva or blood test. The most common are breath and blood tests.

Are these tests accurate? Can you trick them?

These tests are pretty accurate. There are a few things that might impact the reading. One is the amount of time that it has been since you consumed a drink. In the case of a breath test, factors like what you recently ate or the use of alcohol containing mouthwash might impact the reading. Vomiting and some medical conditions might also skew the results.

There is no accurate way to trick BAC tests: People have tried various methods to no avail. However, it is likely that a blood test would be requested if there is reason to believe you are trying to trick the machine. With the implied consent laws, failing to comply with a request for a BAC test is possible but comes with serious penalties.

What kinds of defense options do I have?

Defense options depend on the circumstances surrounding your case. The method of sample collection and the calibration of the machine might come into the picture. Other factors, such as the reason you were stopped and any possible civil rights violations, can also have a part in what strategy you use for your defense.

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