DUI Test Authenticity
Minnesota law forbids motorists from refusing to take a breathalizer test if they are suspected of DUI. This test is always done to check intoxication levels in the blood. There are two important tests which are normally conducted to charge the drivers, which test the blood and urine in order to obtain an arrest warrant. These are in addition to the preliminary roadside test, and usually done at the police station after a person has been taken into custody. Roadside tests are always conducted first to determine if a chemical substance is in the system that could compromise the safety of driver or others. These initial tests and preliminary results are later confirmed using more advanced tactics. It is the advanced equipment that will truly decide whether or not the subject will be prosecuted.
Compliance with the observation time
For the breath test, a police officer needs to wait at least 15 – 20 minutes after the initial contact, so that the abdominal alcohol residue does not contaminate the results. The subject is also observed so that they won’t swallow or otherwise take any alcohol neutralizers. It is a well established medical fact that high abdominal alcohol can cause excessive burping or even vomiting that that may twist the results. In many cases, this observation period is not taken, and a test is administered immediately, and the test results are not admissible. In the courtroom, however, it is the defendant that needs to prove that the police did not observe proper procedure. The validity of the breath test can also be challenged based on final results. If this is your situation, then you definitely need a DWI lawyer who has adequate experience in dealing with these kinds of cases.
Was breathalyzer tool used efficiently?
A police stop is never based on advanced analysis or tools. It is based on the way he/she was driving before the stop, and the observable behavior of the driver and once they have been pulled over. The use of breathalyzer equipment should be therefore in line with the law. It is the only way to actually prove the claim that a driver was under influence. In Minnesota, DataMaster DMT is the device that is currently used by the police. This tool is far from accurate and often times due to poor maintenance, it significantly impacts the end results. The police officers should, therefore, be properly trained to use the equipment. The defense attorney should validate the officer’s credentials and training. The machine’s manual and the departmental policy should always be followed by every officer. Inaccurate tests always provide invalid results which can impact your case. The audit trail of the machine’s maintenance should always be presented in the court.
Stomach Alcohol: Be Cautious
The observation period mentioned above, of 15 – 20 minutes, is very critical to your case. The DUI breath test is only used to determine the alcohol levels in your mouth. If there is alcohol still in the stomach, it will be much stronger than what is in your mouth. Before the tests start, the subject should be observed by the police, and if the subject burps or vomits or belches, additional wait time should be added, as any of those things can alter the outcome completely.
Physical illness also matters
The official machine of Minnesota, the DataMaster DMT uses infrared spectroscopy. Normal body temperature plays a vital role in this process, so if the motorist has a fever, then there is a huge chance that the results are inaccurate. Common illnesses such as the flu, cold or pneumonia will affect the end results. If the officer is unaware of this, they might unjustly charge the driver. The lawyers hired by the defendant should be experienced enough to ask relevant questions, and make sure the evidence used is accurate. The DWI case and the evidence submitted in court can only be debunked if lawyers know how to represent their client.