BAC Test Defense Lawyer Delaware
Delaware Blood Alcohol Content (BAC) Testing Flaws
When an officer pulls someone over for a DUI in Sussex County Delaware, they may attempt to determine intoxicated driving in a number of ways. First, the officer must have reason to suspect intoxicated driving though. If not, any field sobriety tests or breathalyzer tests may be inadmissible in court.
Initial clues to an intoxicated driver: an alcoholic odor, decreased motor skills and slurred speech. Next, the police officer may ask you if you have been drinking. Your answer may further prompt them to ask you to submit to a breathalyzer test. However, later on, they may administer a direct blood test.
Ultimately, you may also have to submit to Field Sobriety Tests. You must comply with the officer’s orders to perform a Field Sobriety Test or BAC Test because Delaware has Implied Consent Laws. Failure to comply could spell more trouble for your case.
However, each of these tests has very specific legal procedures, protocols, and guidelines that the officer must adhere to when administering the test. Not adhering to these procedures may result in the state dismissing your DUI case.
After a DUI arrest in Kent County or Sussex County Delaware, you should absolutely speak with a Georgetown Delaware DUI Attorney. Call the Law Offices of Murray, Phillips & Gay at 302-855-9300. Or, email Mr. Phillips here.
Breathalyzer Tests and DUI Defense In Delaware
In Delaware, the legal Blood Alcohol Content (BAC) limit is .08. However, simply being pulled over for a DUI or testing above a .08 BAC does not mean that you will be convicted of DUI. You still have options. However, you need an attorney familiar with DUI Breathalyzer Test Defense to help your case immensely. They will know to try and uncover possible flaws in the test and any mistakes in the test administration.
Some issues regarding the accuracy of your breathalyzer test are:
- Did the arresting offer administer the BAC test properly?
- Was the officer who administered the test trained properly?
- Did the state test, maintain and calibrate the breathalyzer?
- Is there other irrefutable evidence that demonstrates that you were intoxicated?
A skilled Georgetown Delaware DUI Attorney will ask these and other relevant questions when defending your DUI case.
Contact A Skilled Sussex County DUI Attorney
Hiring a Delaware DUI Lawyer is essential to the outcome of your case. The Law Offices of Murray, Phillips & Gay will protect your rights every step of the way. With many years serving those accused of drunk driving in Delaware, they will do their best to minimize your pending drunk driving charges.