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Blood Alcohol Content and Breath Tests

Nevada DUI Breath Test Defense Attorney

DUI Blood Test Defense Lawyer in Las Vegas

The state of Nevada has an implied consent law, meaning that if you are pulled over by the police while driving on Nevada roads and suspected of drunk driving, you must consent to a chemical test if asked. If you refuse, police can force a sample from you. A chemical test is the single most important aspect of DUI prosecution. But there are many ways to attack DUI charges, even with evidence obtained in a blood alcohol content (BAC) or breath test. Many DUI defenses revolve around not what you have done, but what the police have (or have not) done.

How your case is resolved depends in large part on the experience and skill of the attorney you choose to represent you. At the Law Offices of Michael I. Gowdey, Ltd., we have an impressive record of results in defending literally hundreds of DUI cases and more than 18 years of experience backing us up. For a free consultation, contact our Las Vegas DUI law office in Las Vegas by calling 702-997-9419.

Challenging Chemical Tests

A police officer may administer a preliminary breath test during your DUI / DWI arrest. This test is not admissible in court, but it is used as a probable cause tool. If you fail this test, you will be taken in and asked to submit to either a blood or breath test while in custody. This is the test that will be used against you in court, and by law, this chemical test must be administered within two hours of when the alleged offender was in physical control of the vehicle.

The burden to prove your guilt beyond a reasonable doubt doesn't lie with the defense, but with the prosecution. If you have been charged with DUI based on the results of a DUI breath or blood test, we will challenge the government's case and ask the following questions:

  • Did the police wait 15 minutes before administering the preliminary breath test?
  • Was the person who administered the preliminary Breathalyzer test certified to do so?
  • Was the testing machine properly calibrated?
  • Were any technical requirements missed?
  • Was a chemical test administered within two hours of the defendant operating the vehicle?
  • Was the DUI chemical (breath or blood) test administered by someone who was qualified to do so, such as a nurse or EMT, or was the officer certified to administer the breath test??

Blood alcohol content tests give a more accurate indication of intoxication than breath tests. However, failing a BAC test does not necessarily mean you are going to be convicted of DUI. In order for evidence of a BAC test to be admissible in court, the person who administered the test and the person who analyzed the blood sample must present their evidence in court. These expert witnesses are not always available, and without their testimony, it can become very difficult for the prosecution to prove its case.

Find out more about drunk driving defense.

The sooner you contact our law office after being charged with DUI in Nevada, the sooner we can start working effectively for you. Contact a DUI Breath Test Defense lawyer today to schedule a free initial consultation.

Law Offices of Michael I. Gowdey    |    815 South Casino Center Boulevard Las Vegas, NV 89101-6718 Phone: (702) 997-9419 Fax: (702) 474-1320