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Chemical Testing of DUI in Delaware

The State of Delaware identifies any test that analyzes a person’s blood, breath, or urine constitutes as a chemical test. Specifically, Delaware uses chemical tests to determine an individual’s blood alcohol concentration. Chemical tests must adhere to specific policies and guidelines to be admissible in court. Any chemical test used that does not adhere to Delaware Law may be inadmissible in a court of law. Therefore, police officials and other individuals processing chemical test must follow the guidelines to obtain a driving under the influence conviction. The lack of chemical testing increases the probability that a court will dismiss the driving under the influence offense. Therefore, chemical tests provide challenges for Delaware as well as any state using chemical evidence.

Chemical testing provides information about an individual’s blood alcohol concentration. The chemical test analyzes an individual’s blood, breath, and urine. Specifically, the biological material contains highly confidential information about an individual. The contamination of the material will refute the findings of the chemical tests. Thus, the State of Delaware must institute guidelines and procedures to avoid contaminating the material. Additionally, Delaware must authenticate any instruments used to collect the individual’s blood, breath, and urine.

Delaware institutes procedures to test the instruments used to collect chemical material. The absence of testing the instruments used to collect evidence may result in contamination or error. Thus, chemical testing must be completed to professionals authorized to collect the material. Professionals collecting the material must certify that they are using the proper procedures to test the material collected.

Therefore, chemical testing uses an individual’s blood, breath, and/or urine to identify a person’s blood alcohol concentration. The material collected must be protected by specific guidelines and procedures to avoid contamination. Further, the instruments used to collect the material must be accurate as well as tested to be working properly. The absence of checking procedures and instruments can result in a dismissal or acquittal of a driving under the influence offense.


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