Disputing Chemical Test Results in DUI Cases
How Attorney Josh Tomsheck Can Defend Your Case
Chemical test results, including blood and breath tests, are often the cornerstone of the prosecution's case in a DUI charge. However, these tests are not infallible and can be challenged on various grounds. Whether it's the accuracy of a breath test administered using devices like the Intoxilyzer 8000 or issues with the handling and analysis of a blood sample, there are many factors that can call the reliability of these results into question. Attorney Josh Tomsheck of Hofland & Tomsheck is an experienced DUI defense lawyer who understands the intricacies of chemical testing and knows how to identify and exploit weaknesses in the prosecution's evidence. This page will explore the different types of chemical tests used in DUI cases, common issues that can arise with these tests, and how Josh Tomsheck can use these issues to defend your rights if you are facing DUI charges in Las Vegas or anywhere in Nevada.
Types of Chemical Tests in DUI Cases
In Nevada, two primary types of chemical tests are used to determine a driver's blood alcohol concentration (BAC): breath tests and blood tests. Both have their own methodologies, and both can be subject to errors that can make the results unreliable.
Breath Testing – The Intoxilyzer 8000
Breath testing is the most commonly used method for determining BAC in DUI cases, primarily because it is quick and non-invasive. The Intoxilyzer 8000 is one of the devices used in Nevada to measure the amount of alcohol in a person's breath. It works by analyzing the amount of alcohol in the air exhaled into the device and then calculating an approximate BAC based on this measurement.
While breath tests are convenient, they are not always accurate. The Intoxilyzer 8000, like all breath-testing devices, operates on the assumption that the alcohol concentration in the breath accurately reflects the alcohol concentration in the blood. However, this is not always the case, and several factors can affect the accuracy of the results.
Blood Testing
Blood testing is generally considered to be more accurate than breath testing because it measures the actual concentration of alcohol or drugs in the blood. However, blood tests are not without their own potential problems. Issues can arise at various stages, including the collection, storage, and analysis of the blood sample.
Blood tests are typically administered in a medical setting, and the sample is then sent to a laboratory for analysis. Errors can occur at any point in this process, from improper collection techniques to contamination or mishandling of the sample. These errors can lead to inaccurate results that may not accurately reflect a person's level of impairment at the time of driving.
Common Issues with Chemical Test Results
Both breath and blood tests can be challenged on various grounds. Here are some of the most common issues that can undermine the reliability of chemical test results in DUI cases:
1. Improper Calibration and Maintenance of Breath Testing Devices
Breath testing devices like the Intoxilyzer 8000 require regular calibration and maintenance to ensure accurate results. If the device has not been properly calibrated according to the manufacturer's specifications, the results can be skewed. Additionally, if the machine has not been maintained or if it was malfunctioning at the time of the test, this could also lead to inaccurate readings. Josh Tomsheck will review maintenance and calibration records to identify any potential issues with the device used in your case.
2. Improper Administration of the Breath Test
The accuracy of a breath test depends not only on the functionality of the device but also on the proper administration of the test. Law enforcement officers must follow specific procedures when conducting a breath test, such as ensuring a 15-minute observation period before the test to make sure the driver does not eat, drink, or regurgitate. If these protocols are not followed, the results may be invalid. Josh Tomsheck will investigate whether the officer adhered to the proper procedures during the administration of the test.
3. Mouth Alcohol Contamination
One of the most common problems with breath tests is the presence of residual mouth alcohol, which can lead to falsely elevated BAC readings. Mouth alcohol can come from recent consumption of alcohol, using mouthwash, or even from medical conditions like acid reflux. The Intoxilyzer 8000 cannot distinguish between alcohol in the deep lungs and alcohol in the mouth, which can result in inaccurate readings. Josh Tomsheck will evaluate whether mouth alcohol contamination could have influenced the results in your case.
4. Errors in Blood Sample Collection and Handling
Blood tests must be conducted in a controlled environment and require strict adherence to protocols to ensure the integrity of the sample. If the blood is not drawn correctly, stored properly, or if the sample is contaminated, the results may not be reliable. Additionally, improper labeling or delays in transporting the sample to the lab can raise questions about the accuracy of the results. Josh Tomsheck will thoroughly review the chain of custody and the handling procedures to identify any potential issues.
5. Contamination or Fermentation of Blood Samples
Improper storage or handling of blood samples can lead to contamination or fermentation, which can artificially raise the BAC level. If the blood sample was not stored at the correct temperature or was exposed to contaminants, the results could be compromised. Josh Tomsheck will look for any signs of contamination or fermentation that could affect the validity of the blood test results.
6. Medical Conditions and Medications
Certain medical conditions and medications can influence both breath and blood test results. For example, people with diabetes may have elevated levels of acetone in their breath, which can be mistaken for alcohol by breath-testing devices. Medications and medical conditions can also affect the metabolism of alcohol, potentially leading to inaccurate blood test results. Josh Tomsheck will consider any relevant medical factors that could have impacted your test results.
How Josh Tomsheck Can Challenge Chemical Test Results
Attorney Josh Tomsheck has a deep understanding of the science behind chemical testing and the legal standards that must be met for these tests to be admissible in court. Here's how he can use this knowledge to defend your case:
1. Reviewing Testing Records and Procedures
Josh Tomsheck will obtain and review all records related to the breath or blood tests conducted in your case, including maintenance and calibration logs for the Intoxilyzer 8000 and the chain of custody for blood samples. He will scrutinize every detail to identify any deviations from standard procedures that could call the accuracy of the results into question.
2. Challenging Test Accuracy and Administration
If there were any procedural errors in the administration of the tests or issues with the testing equipment, Josh Tomsheck will file motions to suppress the results. He will argue that the results are not reliable and should not be used as evidence against you.
3. Utilizing Expert Witnesses
In complex cases, Josh Tomsheck may work with expert witnesses, such as forensic toxicologists, to challenge the validity of the test results. These experts can provide testimony on the limitations of the testing methods, potential sources of error, and how these factors may have affected the results in your case.
4. Presenting Alternative Explanations
Josh Tomsheck will explore and present alternative explanations for elevated BAC readings, such as mouth alcohol contamination, medical conditions, or improper handling of blood samples. By providing these explanations, he can create reasonable doubt about the reliability of the test results.
Why You Need an Experienced DUI Defense Attorney
Disputing chemical test results in a DUI case is a complex and technical defense that requires a thorough understanding of both the legal and scientific aspects of testing. Attorney Josh Tomsheck has the experience and knowledge necessary to effectively challenge the validity of breath and blood test results. As a nationally board-certified criminal trial lawyer and former Chief Deputy District Attorney, he has successfully defended many clients against DUI charges by attacking the reliability of chemical test evidence.
Contact Josh Tomsheck Today
If you have been charged with a DUI in Las Vegas or anywhere in Nevada, and you believe that the chemical test results are inaccurate, it is crucial to have an experienced DUI defense attorney on your side. Josh Tomsheck and the team at Hofland & Tomsheck are committed to providing the highest level of legal representation and will work tirelessly to challenge the evidence against you. Contact us today at 702-895-6760 to schedule a consultation and discuss how we can help you dispute chemical test results and defend against your DUI charges. Your rights and freedom are too important to leave to chance—let us fight for you.
