Separate the type of record
Breath-test and blood-test evidence are created through different processes. Identify which test was requested, when the sample or reading occurred, who created the record, and how the result is being used in court or a driver-license proceeding.
Records to preserve
- Officer report and test-request paperwork.
- Reported result and timestamps.
- Instrument/operator records for breath testing when produced through lawful discovery.
- Collection, transfer, and lab records for blood testing when produced.
- Video/audio relevant to the request or procedure.
- Driver-license notice tied to a test or alleged refusal.
Questions for counsel
- What records are available through discovery?
- Which state rules govern admissibility or administrative use of the result?
- Does the license agency use a different standard or process from criminal court?
- Is expert review appropriate for the specific record in this case?
Safety and legal limit
Do not use online information to estimate whether it is safe or legal to drive, to predict a BAC, or to alter testing. If alcohol, drugs, medication, fatigue, or another condition may impair driving, the safe choice is not to drive.