Olsinski Law Firm team

Breath and Blood Test

When Your Sobriety Test Results are not Done Correctly Breath and Blood Test

The Olsinski Law Firm, PLLC is a prominent criminal defense firm dedicated to helping individuals facing serious felony or misdemeanor DWI criminal charges. The firm offers professional legal services on a personal level with the understanding that each case is unique and each client is important. Drunk driving is a serious offense in North Carolina and the laws are only getting stricter. A guilty verdict can result in hardships including a dramatic increase in insurance rates, job loss and a lack of a license. Jail time, large fines and license suspension can devastate a household and create difficulties for the whole family. A person facing DWI allegations should contact a Charlotte criminal defense lawyer or Concord criminal defense lawyer at one of our offices. A DWI conviction can threaten the loss of certain rights and freedoms and with that knowledge, our attorneys fight for clients with high quality and effective legal defense at each step of the DWI process.

Challenging Breath Test Evidence

When law enforcement suspects a driver has been drinking, they have the right to conduct specific tests to determine whether a driver is too impaired to operate a vehicle in a safe manner. Officers will usually have drivers get out of the vehicle so they can have them go through a series of tests. These tests are called field sobriety tests. Some of the tests are standardized, meaning they have been shown through studies to correlate accurately into impairment (if done correctly). Other tests have not become standardized with the National Highway Traffic and Safety Administration or NHTSA. The field sobriety tests are important and a later page will go in more detail about them, because they help establish probable cause to arrest.

There are two types of breath test evidence, Alco-Sensor or PBT tests done on the scene and a breath test done at the station, usually using an Intoxilyzer EC/IR II, although other machines can be used at the station as well. The PBT tests are done on the roadside and are used to help establish probable cause to form an arrest. They are not admissible in court, in North Carolina, for the number that registers. The number is only used to help officers determine if you are over the legal limit. The breath test performed at the station is where your number will count. A .15 BAC or higher will yield stricter punishment, such as an alcohol interlock device on your car. The breath result is usually the most damaging piece of evidence against you, so we do everything we can to suppress it.

Two of the most common areas of suppressing breath tests come through reasonable suspicion and probable cause. The officer has to meet these requirements to pull you over and to then arrest you. While these are the two most common ways of suppressing breath results, they are the only ways. The testing is not always reliable and a skilled defense attorney knowledgeable in forensics and other evidence that the prosecution relies on can challenge it for validity and accuracy. It is important to seek legal advice from an attorney who has a proven record of helping clients and defends cases with the goal of reduced charges or case dismissal or an acquittal at trial. For information about breath & blood tests and DWI defense, make an appointment today for a consultation.

Challenging Blood Results

As with Breath testing, blood results are usually a key component to the State's case against you for impaired driving. While blood cases are not as common, they can be harder for the State to prove. As with all BAC (blood alcohol content) results we focus on suppressing their admissibility. While most areas that can be challenged with breath tests can also be challenged on blood tests, there are usually other areas to challenge as well. A key component to all blood cases is who took the blood and was it consensual? If it was, where did the blood go?

The constitution prevents warrantless searches and seizures, which can play a role in blood draw cases, if the person does not consent to the draw. While a lack of consent or refusal of blood or breath has consequences, it will generally make it harder for the State to prove impairment. Blood also can be contaminated or lack proper witnesses or documentation as to its custody. Like all aspects of DWI cases, it is important you find an experienced attorney in this field who is willing to fight for your case.

At The Olsinski Law Firm we focus on fighting your case as far and as hard as we can. While we understand every client has different wants and desires out of their case, and we will never make those decisions for you. We do go into each case knowing you are paying us to fight for your case. We offer free consultation*, so please call our Concord or Charlotte office today and see what a trained DWI attorney can do to help resolve your matter.

DWI Defense Attorney Serving Huntersville, Cornelius, Matthews and Mint Hill

Contact a Charlotte DWI defense attorney or a Concord DWI defense attorney at one of our offices for an experienced defense against serious DWI charges based on breath tests.

Client Reviews
Everyone at the Osinski Law Firm was prompt, professional and responsive. I was kept informed and notified when a resolution was in place. I would not hesitate to use Kimberly Olsinski in the future. David
My service was great, I was very satisfied. The staff was great as well, keeping me informed, explaining my case and helping me understand the outcome. Michele P.
Very professional at all times. Worked hard for me. I had no worries or concerns that my ticket would be handled. I would for sure recommend her to my family and friends as well as use her in the near future. Roxanne
I'm glad I chose this firm, my case was handled quick and worked out great in my favor. I would refer them to anybody that is hoping for the best outcome. Chris A.
I'm glad I called the Olsinski Law Firm. They took time to listen to my story from the accident and explained everything in full detail. I am completely satisfied. Thank you! Sonjinika