One may assume that the prosecution has a right to admit into evidence any chemical tests in a DUI case, and that their results are objective and largely inarguable. This is what the prosecution wants you and the jurors to think, but the truth is that your Michigan DWI lawyer can call into question the results of such testing based on a number of factors.
Correct Standards
The admissibility of chemical test results largely depends upon whether correct standards were used. For a blood or urine test, your Michigan DWI lawyer will investigate the laboratory to determine whether any errors were made, including:
- Faulty procedure in testing
- Improper or infrequent inspection of the facility
- Lack of training for the testing technician
- Faulty handling of the sample
- Accuracy of the machine
- Infrequent calibration of the machine
In essence, then, the entire test and chain of custody of the sample will be examined. If any errors are found, they can be used to argue that the test results should not be admitted into evidence.
For a breath test, your Michigan DWI lawyer will take into consideration much of the above criteria as well as how, when, and under what circumstances the test was administered.
If You Refused to Submit to a Test
The arresting officer may tell you that any refusal to submit to a chemical test will be used against you. While strictly speaking this is true, your Michigan DWI lawyer may be able to argue successfully that your refusal was done in good faith because you desired to consult with counsel. This is not to suggest that you refuse testing, however. That is a matter only you can decide, but keep in mind that such a refusal will need to be overcome in your defense.
For Further Questions
If you have further questions, or need the assistance of a Michigan DWI lawyer, call the Law Offices of Christopher Trainor & Associates today for a free consultation: 800-961-8477. We are a dedicated and experienced team and may be able to help you with your case.