Chemical Tests Summary |
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Many people who submit to a chemical test (blood, breath or urine) and register above the legal limit (.08% for DUI and .02% for Underage DWI), often believe that their case cannot be successfully defended and choose not to retain a lawyer. However, an investigation of one's case often reveals evidence which can call into doubt the reliability of the chemical test and may even result in keeping the test results from being introduced in court.
The lawyer you hire should be familiar with the many factors which can affect the result of a chemical test (blood test, breath test or urine test). Such factors often lead to an incorrectly high blood alcohol concentration. Depending on the type of specimen and analysis, the following are some of the factors that should be |
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| investigated to ensure the reported chemical test result was accurate: |
 Radio Frequency Interference (which may be caused, for example, by a police radio,
a microwave, or a cellular telephone) |
Mouth Alcohol During Collection of a Breath Sample |
Foreign Substances in the Mouth (for example, tongue stud or dentures) |
Gastroesopahageal Reflux Disease (GERD) |
Observation of the Subject ( State v. Korsakov Law PDF) |
Diabetes |
Method of Blood Extraction |
Blood or Urine Sample Storage |
Preservation of the Blood or Urine Sample |
Transportation of the Blood or Urine Sample |
Blood, Breath or Urine Sample Analysis |
Proper Elimination of the Breath or Urine Sample from the Body |
While this subject matter is too lengthy to properly discuss on a
web page, Mr. Oberman has written extensively on this
topic. See, for
instance, his legal texts - Drunk Driving Defense and DUI: The
Crime and Consequences in Tennessee. |
The Oberman Law Firm
550 Main St. Suite 730
Knoxville, Tennessee TN 37902
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Phone: (865) 249-7200
Fax: (865) 540-1696
Email: info@tndui.com
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