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  1. #1
    Join Date
    Sep 2016
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    Default Challenging a Chemical Test for DUI

    Can you challenge the way that a chemical test is administered in a DUI case? If you succeed in your challenge can you keep the results from being used against you at trial?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Challenging a Chemical Test for DUI

    You may challenge a chemical test. For example, you may be able to show that machinery used to perform the test was defective or not maintained as required by law, that the test was improperly administered, or that the test results are for some reason incorrect or corrupted.

    If you successfully challenge the test, then the test result should be excluded from evidence in subsequent legal proceedings. If you are facing both a criminal prosecution and an administrative penalty (e.g., an administrative driver's license suspension) you will likely have to prove the test to have been improper in both the criminal court and as part of the administrative hearing process.

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