DUI Chemical Tests: The Importance of Timing

 

A DUI case takes time to process, and timing plays an important part in chemical testing.

 

Length of a DUI investigation

 

Depending on the situation, an investigation can take anywhere from a few minutes to a few hours. A few of the things that can lengthen the procedure include:

 

• Accidents – An investigation looking into an accident could take up a considerable amount of time, depending on how many people are involved and if there are any injuries to report.
• Support – A delay could occur if the officer requires any assistance during the investigation by having to wait for another officer or officers to arrive at the scene.
• Field Sobriety Test – It’s up to the officer’s discretion as to how many physical tests will be performed. You could simply be asked to stand on one leg or walk a straight line, but the test could also include numerous other tasks.

 

The importance of timing

 

Everyone’s body handles alcohol differently, depending on various factors:

 

• The type of alcohol
• The amount of alcohol
• How often alcohol is consumed on a regular basis
• Height
• Weight
• Health
• Age
• Gender
• Amount of time since last meal was eaten

 

Each of these factors affects how long alcohol stays in your system, and they can also play a part in how strong or weak the case against you is. Your body is constantly breaking down everything you eat or drink so the amount of alcohol in your system at the time you take a chemical test will most likely not be the same as when you were pulled over. This is a critical piece of information that your DUI attorney may be able to use in your defense.

 

Pay attention to the time while with police

 

Each state has it’s own set of laws, but every state is required to meet a minimum level of standards in order for chemical test results to be admissible in court. One of these standards is a timetable that is to be used when administering chemical tests. While some states judge this time limit on a case-by-case basis, others have established a strict cut-off point determining the length of time that can pass before chemical tests can no longer be performed. Any failure in following these guidelines can be challenged in court, so it’s important to be sure that all times recorded on any paperwork is accurate. Make sure to mention any discrepancies with your attorney. It’s possible that test results could be used in court even if the testing is done after the time limit has passed, but making your attorney aware of any faulty record keeping could improve your chances.

 

Pay attention to what’s done while with police

 

In addition to rules pertaining to when chemical testing can be done, there are also rules stating how the testing is to be done. Before testing can be performed, the police are required to monitor you for a specified amount of time. This amount of time varies from state to state but is usually around twenty minutes. During this time, at least one officer must be watching you. Let your attorney know if you were left alone at any time during this observation period. The reason it’s important for an officer to be watching you the whole time is because you should not be allowed to eat or drink anything before testing. It also needs to be established that you did not throw up or smoke a cigarette during this time. Eating, drinking, smoking, and vomiting can alter the results of the test and the results could be inadmissible if you weren’t watched during the whole observation time.

 

Pay attention to the test itself

 

How many times did you have to blow into the Breathalyzer? It’s an important question and the answer could help your attorney. There are some states that use more than one result but they are required to obtain these results within a specific amount of time and those results must be within a certain range of each other. Any tests taken past the specified time or any results that are considerably different from one another can be used to weaken the prosecution’s case. In order for test results to be used in court, they must be reliable.