The DUI cases are connected with breath tests. Based on your jurisdiction, the machine procedure and the evaluation of the breath samples may vary widely. But one thing is common regardless of the jurisdiction or the place you stay. The Defense lacks from the authority of retesting the breath samples after few months to confirm the precision of the test done previously. But the scenario is extremely different when blood samples is tested in a DUI case. Blood can also be collected in a DUI case. The blood of the supposed culprit arrested on the charges is taken and is evaluated in the laboratory. The Defense also has the right to retest the blood by his known doctors to justify the report provided against him. This is one of the chief weapons in the arsenal of the Defense Attorney to prove his client’s innocence. There’re various other reasons for which the blood samples can be re-assessed.
The Defense Attorney has to keep in certain points before going for the retest of the blood sample. Most of the clients say that he had only two drinks and that also a minimum three hours before but his breath test will reveal a 0.15 alcohol level. If the client hasn’t lied to you before, the only explanation for the result is that it was wrong. This problem has been nullified in DUI cases where the Prosecutors results and reports can be challenged and you get your tests done with the experts you know. If your results are true, you can come up with your own arguments to free your client.
The test of the blood sample is DUI case is done to test for either of drug or alcohol intoxication. So, the evaluation can be done again to prove to the judge that it was for some unintentional intoxication. Lastly, it can also be done to delay the proceedings to buy more time.