DUI Testing After an Accident

DUIs that result in accidents that injure other people can result in serious consequences, including incarceration. If you are concerned about DUI testing after an accident, you can consult a seasoned Phoenix DUI attorney who can help you determine your next steps. James Novak is a seasoned defense lawyer who uses insights he gleaned as a former prosecutor to help his clients fight criminal charges.

Although DUIs are taken seriously, they are usually charged as misdemeanors rather than felonies. However, you may be charged with a felony if you’re involved in an accident DUI that causes injury or kills someone. Further, sometimes people who drive drunk and cause injury face multiple charges, not just drunk driving charges. Depending on the circumstances, they may be accused of aggravated assault, manslaughter, or another serious crime. Different statutes may be implicated.

After the accident, you may be subject to field sobriety testing and one or more chemical tests, which are the officer’s way of proving you were driving drunk. Chemical tests can include breath, blood or urine tests. You shouldn’t assume that chemical testing results are challenge-proof. Chemical tests may not be accurate, and you may be able to challenge the results to get a reduction or dismissal of the charges against you.

Sometimes it’s also possible to challenge the chemical testing by showing that the test was obtained unconstitutionally. These challenges are a little more difficult if there was an accident producing injuries, and if you also bear signs of drunk driving such as red eyes, slurred speech, and the smell of alcohol following the collision. A seasoned criminal defense attorney who understands how to challenge these tests may be able to help you contest results of this nature.

Most people are familiar with preliminary breath tests that are taken at the site of a drunk driving accident. If your blood alcohol concentration is above .08% according to the preliminary breath test, it will likely be seen as providing sufficient probable cause for a DUI arrest. However, the results of this initial test aren’t admissible for purposes of a driver’s license suspension, and you’ll likely need to take a second breath test. It may be possible to challenge a breath test by showing that the quality assurance records have problems, that the test didn’t accurately reflect your blood alcohol content, that the officer wasn’t properly trained in administering the test, or that the officer failed to observe you for 20 minutes before administering the breath test.

After an accident in which DUI is suspected, or after you are arrested, you may need to provide a blood sample. Usually blood tests are requested when a drug DUI is involved. It may be possible to challenge a blood test by showing that the kit had expired at the time of testing, that improper proportions of chemicals were used or that they weren’t mixed properly, that the officer wasn’t properly certified, or that there were issues with the chain of custody.

If you are suspected to have been on drugs that caused an accident DUI, you may be required to undergo a urine test. The urine test is intended to obtain an estimate of the quantity of drugs or alcohol in your blood based on its average level in your urine. This test needs to be performed at a certified detention facility. This type of test may be challenged by showing lab error or lack of certification to perform the test.

If you undergo DUI testing after an accident in Phoenix, you may be fearful that your conviction is assured. However, there are ways to challenge breath, blood, and urine tests, and a skillful criminal defense lawyer may be able to build a strong defense on your behalf. Mr. Novak represents defendants charged with accident DUIs and other crimes in the Phoenix area, including in Mesa, Gilbert, Chandler, and across Maricopa County. Call him at (480) 413-1499 or contact us via our online form.