It is a safe bet that chemical testing is playing a critical part in the prosecution’s case against you. Knowing that, it’s only prudent to choose a defense attorney who not only comprehends the results, but is also certified to run the machine and interpret the forensic evidence. There simply isn’t a better angle of approach to take in your defense.

Rosenstein Law Group is the legal firm to call when you have been arrested and are facing drug or alcohol charges. Contact us for a free initial consultation with our expert legal team armed with solid defense plans and a proven record of success.

Field Sobriety Testing vs PBT

The Field Sobriety Test is an officer’s primary weapon in building his case against you for a DUI charge. However, the officer has other tools at his disposal, including what are know as “Preliminary Breath Tests”, or PBTs. The officer will often take advantage of a driver’s trust in order to get them to submit voluntarily to PBTs. They will often say things like “This test is inadmissible in court, so it can’t be used against you”, or, “If you just blow into this, we can get you on your way”. These are deceptive half-truths to persuade you to blow.

The reason it’s a half-truth? Well, PBTs are often so inaccurate that they will not be presented to a jury as evidence. However, they can and often will be submitted to a judge for viewing by the prosecution in order to build their case against you. These are used to confirm a suspicion of your DUI, but they are not accurate diagnostic tools. Further, drivers can refuse PBTs; it’s critical to know your rights so you know what tests you do and do not have to take.

Authorities will only rely on diagnostic tools used to analyze breath, blood, and urine when evaluating drug or alcohol levels. You are required to submit to true chemical testing when asked by an officer. Refusal is grounds for a warrant being placed for your arrest, and immediate suspension of your driver’s license.

Blood and Breath

Attorney Craig Rosenstein is certified in both chemical testing and field sobriety tests. He understands protocol, and knows the potential downsides of different methods of analysis. Because he is trained on breathalyzers like the Intoxilyzer 8000, and also has certifications for blood and urine testing, he knows exactly how the tests should be conducted and he knows how to interpret and understand the results. He is also aware of the data not taken into account by the tests, such as:

  • Drinking pattern, if any
  • Health conditions like GERD or diabetes
  • Foods consumed
  • Elevated body temperature
  • Prescription medication interactions
  • Possible sample contaminations
  • And many other variables

Your defense will lack critical insight if you choose an attorney who is not trained in chemical testing, and not adequately prepared to challenge the results . Furthermore, if your attorney does not understand how the tests are performed, what checklists need to be followed, or the opportunities for false-positives and sample contamination, your defense will simply not be as strong as it could (and probably needs) to be.

Contact Us

Call our firm to meet with a forensically trained attorney; an attorney who is capable of making sure testing procedures are followed correctly and that the administrators are fully trained and certified themselves. Whether you followed your doctor’s advice on prescription medication, or used drugs or alcohol, we are ready to represent you. Contact us for a free consultation. We are available 24/7, standing by to assist you in your time of need.

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