Challenging the Blood-Alcohol Evidence
Aggressive Drunk Driving Defense in Las Vegas, Nevada
The law firm of Ciciliano & Associates, LLC has successfully challenged breath tests to beat DUI charges. Challenging breath test results is not the only defense against drunk driving — but it is often the best chance of avoiding conviction if the case goes to trial.
Whether it is your first DUI/DWI, a repeat offense or a felony third offense, we can help. Las Vegas criminal defense attorney Luke Ciciliano will exhaust every avenue to avoid the harsh consequences of a DUI conviction.
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Challenging the Breath Test Results
Our first goal is to beat the charges, by working to convince prosecutors to drop the charges or by convincing a jury to acquit at trial. We always focus on the test of blood-alcohol content (BAC) for grounds to fight a conviction. Trial lawyer Luke Ciciliano has had particular success challenging the breath test:
- Did the officer have sufficient grounds to ask you to submit?
- Was the breathalyzer properly calibrated?
- Did the officer administer the breath test correctly?
- Was he or she properly trained and certified? (If not, the officer cannot testify to its accuracy at trial.)
Many people do not realize they can ask to have their blood drawn at the police station instead. It is not illegal to refuse a roadside breath test, as long as you submit to one of the tests after your arrest. In some cases, it is beneficial to have both. If the results are very different — one says you were intoxicated, the other says you were not — it calls the higher BAC result into question. The district attorney may dismiss or substantially reduce the charges. Even if both indicate you were over the limit, it creates issues for trial if the BAC numbers are substantially different.
The breath test DUI defense is fact-specific, and may not apply in your case. Contact Ciciliano & Associates today for a full case review and aggressive defense. Our law office is conveniently located on 10th Street near the federal courthouse in Las Vegas.
