When someone has been charged with driving under the influence of alcohol for the second or third time in a limited number of years, representation by a Criminal Attorney in Manchester CT is essential for preventing dire consequences. In Connecticut, this charge is considered a criminal offense. A law firm like Kahan Kerensky and Capossela LLP represents clients who are facing a possible jail sentence and a very steep monetary penalty.
Challenging Breath Test Results
One strategy that a Criminal Attorney in Manchester CT might use is to challenge the results of the breath test. This test estimates the amount of alcohol in the blood by analyzing the person’s breath. This can be done because alcohol in the blood is absorbed into the lungs and emitted when the person breathes out. There are many reasons why this test can produce inaccurate results.
Several health conditions can cause a higher level of alcohol in the breath than would normally be found with the person’s blood alcohol content (BAC).
Gastroesophageal reflux, commonly called heartburn, is one example. If the client experiences chronic heartburn, acid reflux disease can be confirmed through diagnostic testing with a doctor.
Anemia is diagnosed by determining a lower-than-normal percentage of red blood cells compared with the liquid plasma. People with a higher-than-normal amount of plasma typically have a higher-than-normal alcohol breath test reading.
These are just a few examples of the many possibilities an attorney could use to reduce the potential of a conviction.
Work and Hobbies
People who breathe in certain types of fumes in their daily activities and then drink some alcoholic beverages may have a falsely high blood test. Certain types of paint, cleaning products, and adhesives are examples.
The breath test equipment must be calibrated regularly to make sure it’s working properly. The lawyer will check to verify this has been done within a certain number of days or a certain number of uses.
These challenges to the breath test are typically made when the BAC numbers are borderline for the legal limit. However, a lawyer may also challenge the results if other evidence of inaccuracy is strong.