After a lawful arrest for driving under the influence (DUI), the police can perform a chemical test on a driver to determine their blood alcohol concentration (BAC). This is because drivers on public highways in Alabama are deemed to have given consent to a chemical test (breath, blood or urine).
Law enforcement officers are required to follow certain procedures for a chemical analysis to be valid. Here is what to know:
Who can perform the analysis?
An individual possessing a valid permit issued by the Director of the Alabama Department of Forensic Sciences (ADFS) can perform a chemical analysis.
Breath tests are conducted by law enforcement officers who hold a valid permit and are in control of an approved field screen device. On the other hand, only physicians, registered nurses or other qualified medical technicians may withdraw blood for the purpose of determining someone’s BAC at the direction of a law enforcement officer.
How is it performed?
The ADFS approves the method for chemical analysis when determining BAC. The current primary instrument approved for breath tests is the Intoximeters DMT Dual Sensor.
Before a breath test is administered, a subject must be observed for a minimum of 20 minutes to ensure they don’t put anything in their mouth. If they smoke, chew, burp or vomit, alcohol residue could be in their mouth, leading to a false positive. Additionally, a subject must provide two breath samples whose results agree within 0.020 g/210L.
When it comes to the analysis of blood, urine or other bodily substances for the presence of alcohol, the approved method is the Headspace Gas Chromatography.
Mistakes can happen during a chemical test for a DUI charge. Get more information to understand if the test you undertook was valid and if its results can be admissible as evidence.