Chemical Test

Chemical tests of a driver's blood, urine or breath are done after a drunk driving arrest and provide evidence the driver was operating their motor vehicle with a blood alcohol concentration over the legal limit. Prosecutors rely heavily on chemical test results to get a drunk driving conviction, but they can also be useful to the defense.

There are several penalties that result when a driver refuses to submit to a chemical test when asked to do so by law enforcement. First, the driver is likely to have their license suspended up to one year, and the driver may not be allowed to get a work-restricted license. Additionally, in some states if the driver is convicted of drunk driving a jail sentence is mandatory, and in some states the refusal to take the chemical test can been considered an admission of guilt.

Having a positive chemical test, however, does not necessarily mean an automatic conviction. There are many challenges to the validity of blood, breath and urine tests. Talk to a DUI lawyer for more information about the proven strategies to attack the results of chemical tests in drunk driving cases.