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Challenging Breath And Blood Tests In Your DUI Case

Under Illinois law, if your blood alcohol content (BAC) measures .08 or greater, you are deemed legally intoxicated and unable to safely operate a motor vehicle. That is all the proof required to convict you of DUI. Likewise, a trace amount of drugs in a sample of your blood is admissible evidence of driving while impaired.

What you must understand is that an over-the-limit Breathalyzer test or a positive tox screen is not the final word. Our experienced DUI defense lawyers may be able to challenge the scientific basis for your arrest or the grounds for taking your breath or blood sample in the first place.

The law firm of Martin & Kent, L.L.C., has won dismissals and acquittals in DUI cases in DuPage County, Kane County and Cook County by skillfully and aggressively attacking the prosecution's physical evidence. Call us immediately to protect your rights. Our professional analysis of the facts of your DUI case could have a profound impact on the outcome.

BAC Breath Testing And Blood Samples

The implied consent statute requires drivers to submit to chemical testing. Refusing the test or failing to complete the test is punishable by automatic license suspension of at least 12 months. Failing the test can result in a criminal charge of per se DUI plus suspension of at least six months.

However, there are many defenses within these scenarios:

  • Did the officer have reasonable grounds to pull you over?
  • Were you arrested at a sobriety checkpoint?
  • Was a portable breath test the main basis for arrest?
  • Were field sobriety tests a basis for arrest? Which ones?
  • Were you properly advised of your implied consent rights and ramifications?
  • Did you in fact refuse to submit to testing?
  • Were you denied a request to speak with a lawyer?
  • Was the Breathalyzer machine properly calibrated and administered?
  • Was your blood sample properly drawn and secured?

Attorneys Tim Martin and Scott Kent are former prosecutors with more than 40 years of combined experience in criminal law. They have literally handled more 10,000 criminal cases, including DUI success stories involving the defenses above.

Under Illinois statute, drivers may obtain additional testing at their own expense. These results are permissible in court to refute the state's BAC or toxicology findings. In certain circumstances, we may arrange for independent testing to contradict the prosecution's evidence.

We Leave No Stone Unturned In Your Defense

With the possibility of jail, fines and loss of license, plus the long-term collateral effects of a DUI conviction, there is too much at stake to let DUI breath and blood tests go unchallenged.

Contact Martin & Kent without delay for a free initial consultation with a seasoned criminal defense lawyer who has the proven ability to beat DUI charges or minimize the penalties. You can reach us 24/7, and we have offices in Wheaton and Naperville.