Minneapolis DUI Defense Lawyer

About Breath & Blood Tests

When an officer thinks that a person may be driving while influenced by alcohol, they will conduct a breath test. This test is known as a portable/preliminary breath test (PBT) and is only used on scene, prior to a suspect’s arrest. PBT testing is not as reliable as evidentiary breath tests that are taken at the station, and its results are not usually admissible in court. The purpose of a PBT is to help an officer determine if they have enough probable cause for an arrest and further testing.

Minnesota is an “implied consent” state, meaning that any person who drives, controls, or operates a motor vehicle within the state is considered to have consented to a chemical test of blood, breath or urine to determine if alcohol or other controlled substances are present in the body. Chemical testing is conducted by a law enforcement officer if they have believe they have probable cause of a possible DWI violation, such as the officer observing impaired driving behavior, administration of a field sobriety test, or the results of a PBT.

A person still has the right to refuse breath and blood tests, but doing so may have serious consequences on their case. If you have been charged with a DWI and had to submit to a blood or breath test, you need to speak to a Minneapolis DUI defense lawyer immediately to find out what you need to do next. At my firm, Grostyan & Associates PLC, I have worked with many of these types of cases and I will help you through the frustration involved with your arrest.

Defenses Against Test Results

PBT’s (also known as a breathalyzers) use infrared technology to determine how much alcohol is in a person’s body. These machines pass a beam of infrared light over the breath as it is blown into it, reading the molecules found in the lungs. Inside the machine there are detectors that measure the amount of alcohol found in the sample. Similarly, when blood is drawn it is also put into a machine that can measure the amount of alcohol found in it.

As scientific as these devices sound, there are still problems that can occur with blood and breath tests. Knowing what these problems can be and the science behind BAC evidence and how to find the flaws and errors to challenge in court could be an important factor in defending you against charges.

Contact a Minneapolis DUI attorney if you had to submit to a blood or urine test when you were arrested for DWI.