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BAC & Testing

Successfully Challenging a Blood Alcohol Test

Many people who are arrested for DUI have the mistaken belief that a blood alcohol test reading over .08% makes a DUI conviction a certainty. This is not necessarily true. There are many grounds on which to challenge blood alcohol tests and other aspects of a case. These could result in a dismissal of the charge, a reduction in the charge, or an outright victory at trial.

Rosenthal & Heymann, LLC has successfully represented numerous clients in DUI and DWAI cases. In representing its clients, the firm's attorneys look at all aspects of the situation, including the stop and arrest, the blood alcohol test, and other physiological and legal factors.

Rosenthal & Heymann, LLC's goal: build a strong and effective defense that protects the client's rights and provides the best outcome possible. Call 303-825-2223 for a free consultation.

Errors in the BAC Testing Process

While the equipment and procedures used to measure blood alcohol content (BAC) have improved greatly in recent years, any given test may have fatal flaws that render its results invalid.

There are many ways to successfully fight the results of the blood or breath test:

  • The breath testing machine may not be properly calibrated or in good working order.
  • The operator of the machine may not be properly trained or may fail to follow the correct testing procedures. (There are literally hundreds of procedures that must be followed.)
  • Blood test samples may not be properly stored or the results may not be correctly interpreted.
  • Various physiological or biological factors may produce an erroneous result.

Attorney Jeremy Rosenthal has successfully completed the rigorous training program of the National College of DUI Defense, and is one of a handful of attorneys in Colorado who is a two-time Summer Session graduate of the College. He can evaluate and investigate all of the factors affecting your blood alcohol test. Rosenthal & Heymann, LLC works with the finest medical and scientific experts in the field. If there are any weaknesses in the state's blood alcohol evidence, these experts will be more than ready to fight your case on these grounds.

Rosenthal & Heymann, LLC will work to build the strongest and most effective DUI defense possible. For a free consultation with a lawyer at Rosenthal & Heymann, LLC in Denver, Colorado, call 303-825-2223 or contact the firm online.

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The DUI/DWAI defense lawyers of Rosenthal & Heymann, LLC defend the rights of people arrested for drinking and driving in Denver, Colorado. Our legal team represents clients in Boulder, Golden, Brighton, Littleton, Aurora, Lakewood, Englewood, Castle Rock, Highlands Ranch, Thornton, Westminster, and Superior. We practice in Denver, Jefferson, Douglass, Arapahoe, Adams, and Summit counties, and all across the Front Range and Denver Tech Center.

Rosenthal & Heymann 1020 W. 7th Avenue, Denver, CO 80204 Voice: 303-825-2223 Fax: 303-825-2224 Toll Free: 1-888-RoseHey (1-888-767-3439) (1-888-767-3439)