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Blood and Breath Test Differ - DUI

In DUI cases, there are occasions where a person charged may take both the blood alcohol test and the breathalyzer test.  There are times when the results vary that can be used to aid in defending the case.

First, the officer may request both breath and blood testing (or urine) of the defendant.  Often the arresting officer will first request a breath test because it is much faster and easier to obtain.  If the results yield positive for over .08, they will not likely request a second test.  That said, the Defendant has a right to a second test of their choosing.  

If the breath test is insufficient or under that limit, often the police will request a second test. This may be due the belief that there will be drugs or other substances in the person's blood which would impair their ability to drive.

Under Kentucky law, the arresting officer has the right to request such tests.  There are times when the tests result in very different results.  For example, if you have a breathalyzer that is low then a blood test which is high, it may be due to the fact that the blood alcohol level was still rising when the breathalyzer was given.  This occurs when the alcohol has been ingested but not yet absorbed into the blood stream. It may also occur if one test is not working properly.

If the breath is higher than the blood, it is often because of the additional time and that the blood alcohol level is going down. This occurs as the liver and kidneys metabolizes the alcohol from the blood.  A lower blood test may be used to argue that a breath test is less reliable.

Either may be beneficial in providing a defense to a DUI allegation. If you need representation for DUI defense in Northern Kentucky or Cincinnati, contact [email protected] or call 581-MIKE.  Contact Michael Bouldin today at 859-581-6453.

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