What Happens If Two Alcohol Tests Give Different Results in a DUI Case?
Aug 09, 2017
Often when a person is arrested for driving under the influence, they undergo more than one test for intoxication. However, what if those tests gave different results? What if one was below the legal limit while another was above?
Generally, the investigating officer isn't going to care that there are conflicting test results if at least one was over the legal limit. Contradictory results, will still, usually result, in being arrested for a DUI. When it comes to trial, the prosecutor probably won't care either. However, depending on what test was used, these conflicting test results can actually be crucial to your case.
While on the road, most officers use a preliminary breathalyzer to determine your level of intoxication. Even if it is below the legal limit, the officer can still arrest you if they believe you are too drunk to be on the road. They may offer you the additional choice of doing an evidentiary breathalyzer or a blood test. The evidentiary breath test may also be conducted roadside. The blood test, will require you to be transported to a location, either the jail or the hospital.
Urine, tests are not given as often. But still may be provided, for instance, if you have a condition known as hemophilia, where the blood does not clot. It may also be provided if a blood test is unavailable. Urine tests, are notoriously unreliable. Alcohol tends to pool in your bladder, so it can easily give a higher reading depending on how long you have been holding it. That is why is important to empty the bladder first. However, many officers forget to require this. The good news is this can easily be argued in court. However, a prosecutor can still argue and have the officer testify to the actions that lead to your arrest like swerving or dangerous driving. Even if those results don't match, if you were driving dangerously and even if you were under the legal limit, you can still be convicted.
If you have been arrested for a DUI and need someone to defend you, contact us today. The Mitchell Law Group is here to help.
Michael Mitchell is a Fresno attorney who practices in the areas of DUI, personal injury & criminal law. Visit his Google+ profile.