DUI: The Intersection of Biochemistry and the Law
Drunk driving is one of the most common of all crimes. Because it is so common, people often overlook how complex it is to prove that person was driving under the influence of alcohol (DUI) or driving while ability impaired (DWAI). We will put the prosecutor's case against you to the test to ensure your rights are protected.
Comprehensive Knowledge of DUI Law and Science
At the law office of Anaya, Foley & McKedy, P.C., in Colorado Springs, our DUI defense attorneys understand the science of DUI and know how to use it to their clients' advantage. We also work with a DUI expert, a former state trooper, who has a comprehensive knowledge of the science of DUI. He helps us investigate DUI cases and also serves as an expert witness.
If you took a breath test, we can question whether the Breathalyzer or other machine was measuring something other than alcohol in your system. We will challenge the findings by questioning whether the Breathalyzer was in proper working condition and whether the person who performed the test did so accurately.
If you took a blood test, we will send out the second sample of blood for independent analysis. We may also question whether the original sample had been contaminated. Our lawyers will also investigate to determine whether the person who took the sample followed proper procedure and had the proper training. When mistakes are made, our clients often benefit.
The Timing of the Test
Timing is extremely important to DUI testing. Drunk driving laws prohibit driving while intoxicated. If too much time has passed between the traffic stop and the blood or breath test, the results may not be accurate. Blood alcohol concentrations can spike after a person stops drinking. If a person has a BAC of .08 an hour and a half after the arrest, it may indicate that the suspect was not driving under the influence when he or she was actually behind the wheel of the vehicle.