Akron Dui Attorney Describes Dui Chemical Testing
If you have been arrested and charged with DUI or OVI in Akron
, Ohio, then I strongly suggest that you find yourself a qualified Akron DUI attorney as soon as possible, within a few days of your arrest. There are a few reasons for this, but first and foremost, is that in Akron, there is a limited time window in which you can submit a request for a BMV hearing, and that window is 10 days. It is highly unlikely that you will be successful in the hearing without the assistance of an Akron DUI attorney, so make sure you get one.
The BMV hearing is essentially for the Bureau of Motor Vehicles to decide whether or not your license will be suspended. The suspension of your driver's license rests on the BMV to prove that it is justified, rather than you needing to prove that the suspension is unjustified, so that is a case which your Akron DUI attorney will definitely be able to assist you with.
However, the main thing I wanted to speak about in this article (as the title suggests) is breath and blood testing. Because of the complex laws surrounding breath and blood tests in field sobriety tests, there is an excellent chance that your Akron DUI attorney will be able to help you in either getting your sentence reduced, or having the charges dropped completely.
Firstly, all breath and blood tests done in Akron need to be done according to the specific regulations set out in the law. If the tests have not been done accordingly, then your Akron DUI attorney will attest that the evidence was obtained illegally, and as such is not admissible in a court of law. Of course, this means that there is a good chance that your charges will be dropped.
Generally, there are a number of reasons why the evidence might have been obtained illegally. These can include things like:
The blood test was not obtained voluntarily.
The blood test results were collected after 3 hours since the DUI incident occurred.
Using alcohol as a skin antiseptic when getting the blood sample.
The blood sample was not refrigerated correctly.
The breathalyzer unit has not been regularly tested and calibrated.
The breathalyzer unit has "invalid sample" as the result, and the police insist that you refused the sobriety test.
The breath tests also need to be taken correctly, as often the instruments used are not calibrated properly or have not been properly maintained, and so provide unreliable results. If this is the case, then your Akron DUI attorney will insist that the evidence be dropped.
This is your main source of defense in DUI cases in Akron, and since the regulations are highly complex, you will be best sourcing the help of an Akron DUI attorney to help you with your case, as this is your best chance for having your case dropped, or your sentence reduced, and at the very least, you will more than likely have your license suspension revoked.
by: Martino Ramsdell
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