DUI and DWI Testing for Alcohol Level in Minnesota
If you have been placed under arrest because an officer believes that you are in violation ofMinnesota DWI or DUI laws you will be asked to take a test to determine your blood alcohol concentration. A police officer can only request a test when there is probable cause to believe that the individual is under the influence.
Breath, Blood, and Urine Blood Alcohol Tests
Here are three types of alcohol tests utilized by law enforcement: breath, blood, and urine tests. Breath tests are the most commonly used, but they tend to be more flawed than blood tests because they don’t account for environmental factors and differences between individuals. Blood tests can be more accurate, but there is also room for error if they are handled incorrectly in the lab. Urine tests are the least reliable, but are also still accepted as an acceptable testing method.
While it would be great to have the choice of which blood alcohol test you take, it is the police officer’s decision which of the three tests will be offered, not yours. In Minnesota, it is considered a crime for someone to refuse to take a breath test. However, it is not a crime if someone refuses a blood or urine test unless they refuse to do both. In other words, someone could refuse to take a blood test, but then they must submit to a urine test and vice versa.
The Unreliability of Blood Alcohol Tests
There are numerous reasons that each of the three different blood alcohol tests could give flawed results or be rendered inadmissible. In order for there to be a valid sample, officers must follow specific and rigid procedures to ensure that each of the tests gives an accurate result. Observation periods and collection procedures can be extremely important to determine if the test was given correctly.
If the police do not follow the correct procedures while attempting to obtain your blood alcohol concentration, the results of the test may be invalid.
Minnesota and Wisconsin Blood Alcohol Test Attorneys
When you’re facing a DUI or DWI charge, it is important to have a lawyer who is knowledgeable about the different blood alcohol content tests and testing procedures. This attorney can explain some of the complexities of blood alcohol concentration testing and make sure you understand your rights.
The DWI attorneys at Sieben Edmunds know if the police followed the correct procedures and what your rights are. We can help you determine if the test results given are accurate or if they can be challenged. This can drastically affect the outcome of your DUI or DWI case and may mean the difference between your case being dropped and you being convicted. If you’ve been charged with a DUI or DWI and you feel the results of your blood alcohol test could be flawed, contact Sieben Edmunds MIller to receive the advocacy you deserve.