Chicago Breath and Blood Test Attorney

Defense for DUI Charges in Chicago

Breath, blood and urine tests are used to determine a driver's blood alcohol concentration (BAC) or the presence of narcotics or other controlled substances following a DUI arrest. A driver may face Statutory Summary Suspension for failing a breath test, blood test or urine test, or for refusing chemical testing altogether. This is an automatic license suspension which will take place on the 46th day after you receive the notice. However, you have the right to challenge your driver's license suspension, and a Chicago DUI attorney at Fagan, Fagan & Davis can help.

The attorneys at our firm are experienced in challenging breath and blood test results in criminal proceedings, and with representing clients in Summary Suspension matters in order to protect not only their rights and freedom but their driving privileges as well.

About Breath & Blood Tests in Chicago

Following an officer's decision to arrest a person for DUI, he or she will attempt to obtain more evidence and determine whether or not the person was driving with a blood alcohol concentration (BAC) above .08 percent. The most common way for police officers to determine a driver’s BAC is by means of a breath test. To conduct a breath test, the officer will instruct the driver to blow into a breathalyzer machine, which will estimate the amount of alcohol in the driver’s blood by analyzing a small breath sample. If the results of the breathalyzer test indicate that a driver’s BAC is .08 or more, he or she will face additional criminal DUI charges.

Instead of, or in addition to a breath test, the officer may request a blood test. To conduct a blood test, a trained technician will draw a sample of your blood. If the results indicate that your BAC is above .08 you will be charged with DUI. Although blood testing is more accurate than a breath test, a blood test can still be inaccurate due to a number of reasons, such as technician error, defective laboratory equipment, contaminated testing equipment, or the driver’s weight, metabolism, and rate of alcohol absorption.

Under Illinois' implied consent law, all motorists automatically consent to a breath or blood test at the request of an officer. A motorist may withdraw that consent by refusing, and when a driver refuses a breath or blood test, his or her driving privileges will be suspended. However, it is important to note that if a driver submits to a breath, blood or urine test which results in a 0.08 or greater blood alcohol result or reveals the presence of any illegal or intoxicating compound (even legal, prescribed medication), the Secretary of State of Illinois will also issue a license suspension. Suspension for refusal is longer than for submission. In some cases, high breath or blood alcohol concentrations may result in significant additional criminal penalties upon a finding of guilty, including mandatory jail and higher fines.

There is no way that a single breath test can be 100% accurate in determining a driver’s blood alcohol concentration. If this is off even by a fraction of a percent, this can mean the difference between a legal alcohol level and one that will result in criminal charges. Additionally, blood tests are subject to any of a number of faults, including in how the sample is handled, mixed and analyzed, as well as who takes the blood sample.

Why should I contact a Chicago DUI lawyer?

If you were arrested for DUI after taking a breath or blood test, it’s crucial that you contact a skilled Chicago DUI lawyer right away. Failing a breath, blood or urine test is strong evidence that can be used against you in court to create a presumption that you are impaired, and may be enough to convince a Judge or Jury that you are guilty. Furthermore, if you refused a breath or blood test, the Judge or Jury may consider your refusal as a sign that you feel you are guilty. You need to retain the legal counsel of a DUI attorney who has experience defending clients in Cook County who’ve either failed or refused a breath, blood or urine test. At Fagan, Fagan & Davis, we’ve handled thousands of DUI cases of this nature, and are very experienced in these matters. There are many reasons that could explain or call into question a positive breath, blood or urine test, and we are committed to finding those reasons and making them known!

Contact a Chicago DUI lawyer at our firm for help in challenging the outcome of a breath or blood test.