Blood/Chemical Test Lawyer
DUI Attorneys Defending Against Implied Consent and Challenging Blood/Chemical Test Results in Ann Arbor, Detroit, Grand Rapids, Lansing, and Throughout Michigan
Blood and chemical tests are used in the state of Michigan to determine an individual's BAC or blood alcohol concentration when DUI or OWI offenses are suspected. It is illegal to operate a motor vehicle in the state with a BAC of above 0.08%; for minors, this level is 0.02%. At Grabel & Associates, our Michigan DUI defense lawyers work aggressively to challenge the results of blood and chemical tests. We know that while these tests are often relied upon to determine an individual's guilt, there are numerous factors, which can cause unreliable or false results.
Anyone who is arrested for DUI in Michigan will be tested to determine his or her blood alcohol content; this will be accomplished either through a DataMaster breath test, or a blood test performed at a hospital. These results are used to charge those suspected of drunk driving. While these types of cases do not rely solely on the results of blood tests, it is critical you take action immediately to avoid fines, possible jail time, suspension of your driver's license, and other penalties you may incur if convicted.
Blood Tests in Michigan Drunk Driving Cases
While there are various testing methods used to determine BAC, all require proper administering and equipment that is properly calibrated. In chemical testing, an individual's blood will be measured using a chromatograph. This procedure involves blood being drawn, then mixed with chemicals; essentially, blood and alcohol separate, making it possible to determine the level of alcohol in an individual's system.
Throughout the gas chromatography used to detect how much alcohol is in an individual's system, the temperature must remain constant in order for the results to be accurate. Considered an indirect test, blood testing is thought to be the most accurate, precise method of determining BAC, although there are faults with every method. Even so, it isn't always practical, as professionals in a hospital or clinic must draw the blood. Additionally, the potential for contamination is great as very specific guidelines must be adhered to by those administering or handling the tests.
It is important to keep in mind that during the process the blood obtained must be correctly labeled and preserved in order for results to be reliable. There are many opportunities throughout the process in which results may be compromised, a fact our Michigan criminal defense firm will take into consideration. We will aggressively challenge any blood test results that may be questionable in an effort to obtain the best possible outcome for our client.
Implied Consent Regarding Blood (Chemical) Tests in Michigan
In Michigan, those who are arrested for a DUI offense are required to take a blood alcohol content test. When police have probable cause and pull you over on suspicion that you are operating a motor vehicle while under the influence of alcohol or drugs, you automatically consent, or give your permission, to chemical testing of blood, urine, or breath. This is what is known in Michigan as the Implied Consent Law. While the majority of drivers never realize it, the documents you sign when applying for a Michigan's driver's license include an agreement regarding this law. Essentially, you agree when applying for your license that if arrested for DUI, you will submit to chemical testing if requested by police.
Refusal of a blood test can result in having your driver's license suspended for a period of one year. If you have refused on a previous occasion to submit to chemical testing, this suspension may be extended. When accused of drunk driving, it is important you contact a highly regarded Michigan DUI attorney right away. It is possible to challenge BAC tests taken by police; in addition, you have the right to have someone of your choosing perform an additional BAC test.
Defending DUI Cases in Michigan
At Grabel & Associates, we provide legal guidance and support throughout every stage of a drunk driving case, whether you have just been arrested or have already been charged or convicted. Our years of experience and skill have contributed to our talent for successfully challenging blood test results. We realize the serious criminal penalties those who are convicted of a drunk driving offense face. Our top priority is to provide outstanding legal representation and help you avoid a conviction. Contact us for a free evaluation of your case today. Call to speak with our experienced case analyst now by calling our toll free number at 1-800-342-7896.