Blood vs. Breath | Video Transcript

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GRAPHIC: Moran & Heim P.C. Attorneys at Law 866.919.3692 or 719.387.0427

MICHAEL MORAN: Well years ago people used to always say do a blood test for a couple of reasons; the blood test was dramatically harder for the government to prove in their case. Specifically, the government has a million dollar piece of equipment on a blood test called the gas chromatograph that allows a testing of someone's blood sample.

How over the last few years, Geoff and I have kind of come to the conclusion that you should do a breath test. And that is for a couple of reasons. First and foremost, that machine has to be tested every year. And probably more importantly, the police officer has to be the operator.

And if, if in a DUI case you're looking for problems, the operator is more likely to make an error than the million dollar piece of equipment from the hospital; and that error can be as simple as a tongue ring, the test wasn’t calibrated properly, or just another malfunction that the operator didn't catch.

And in the DUI law, taking away the government's breath test is the most important part of your DUI case. If there are problems with that, that may lead to a dismissal, a very acceptable plea bargain, or something that satisfies our clients. So that's quite simply the reason that you would want to do a breath test rather than a blood test.

GRAPHIC: Moran & Heim P.C. Attorneys at Law 866.919.3692 or 719.387.0427