West Virginia convicts and assesses penalties against people arrested for driving while intoxicated based, in part, by using the defendants’ blood alcohol levels (BAC). A defendant’s BAC is determined by taking and analyzing samples of the person’s breath, blood, or urine. Many courts consider this evidence to be definitive, which is why a person should hire a DWI Lawyer in Morgantown WV to help defend against these lab tests and avoid being convicted of a DWI.
Disputing Breath Tests
Possibly the most common blood alcohol test used is the breathalyzer because the equipment is easy to carry around, and police officers can perform the tests quickly. The breathalyzer works by calculating the level of alcohol content in air exhaled by the defendant. However, just because a particular test is used a lot doesn’t mean it’s always accurate.
There are several ways a DWI Lawyer in Morgantown WV can dispute the results of the test. One defense is pointing out user errors in administering the test. Simple things like alcohol or alcohol-like substances being the mouth at the time the test was administered can give falsely high readings. Burping before or during the test can also result in false readings. Another defense is showing the machine not maintained properly, which can also affect the accuracy of tests.
Disputing Blood Tests
As far as tests go, blood tests are the most accurate way to determine the amount of drugs and alcohol in a person’s blood. However, even these tests aren’t infallible. They can fall victim to the same type of user errors that may make the results of a breathalyzer test inaccurate.
For instance, it can take several weeks to get the results back from the laboratory. If the blood sample is not stored correctly, it may degrade and result in an artificially high reading for alcohol or drug content. Mistakes do happen, and sometimes samples are mislabeled and the prosecutor may be using results for a different person in the case against the defendant.
A DWI Lawyer in Morgantown WV can evaluate the evidence the prosecution has and develop a strategy to defend against it. Contact a DWI Lawyer in Morgantown WV for assistance with fighting a DWI charge in West Virginia.
