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If I’m Charged With a DUI, Can I Challenge the Blood Test Results?

October 14, 2016

what is a restraining orderOver 1.4 million drivers are arrested each year for a DUI first offense, but are they all guilty? A blood test is performed to determine if the blood alcohol content of the driver is above or below the legal limit. Like all blood tests, though, a false positive is always a possibility. That is where drunk driving attorneys come in.

A DUI lawyer can challenge the results of a blood test because there are several ways a sample can be compromised. If the lawyer can prove that the integrity of the test was not maintained between the time it was collected and the moment the final report was delivered, then the blood test cannot be used as evidence for a conviction. Below are several ways a blood test can be compromised.

Collection Error
Drawing blood is a medical procedure that requires precision and adherence to very specific techniques. When drawing the blood of a DUI suspect, however, the procedure is typically performed by a non-medical professional with limited medical training. This can lead to errors in the collection of the sample. An inexperienced person might introduce foreign contaminants to the sample, which would cause inaccurate results. A common example is when the sample collector attempts to sterilize the skin with ethyl alcohol rather than a non-alcohol based swab. This would introduce to the blood sample the exact substance they are testing for.

Storage Error
False positives may also occur because of an error in the way the blood sample was stored before testing. Inadequate storage conditions such as fluctuating temperatures or a delay in storage could cause the blood to ferment, making it more likely for alcohol to form inside the vial. Obviously, this would lead to an inaccurate measure of how much alcohol was initially present in the driver’s body. Additionally, if the sample is not treated with preservatives and anticoagulants, the blood could clot, making it impossible to test.

Such errors cause inaccurate results, which may lead to a wrongful conviction. No matter what state you live in, DUI consequences are severe. If you believe that an error has been made, find an attorney to file a motion to have your blood retested or thrown out of the case altogether.

If you are trying to find an attorney in California, look to the Martin Law Firm. They are the local attorneys Hanford California residents trust when charged with a DUI.

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  • Casey D. Martin, Kings County Attorney at Law provides legal advice and representation for people throughout Visalia, Porterville, Hanford, and Lemoore, CA. Casey D. Martin maintains a strong reputation as an aggressive attorney who will fight for you, specifically in the fields of criminal law, family law, and civil law and is also one of the only attorneys in the Central Valley with a thorough comprehension of the Indian Welfare and Child Act. If you or a loved one needs help with an ICWA related matter, or is seeking counsel from an experienced Visalia or Porterville Lawyer please call 559-816-3315 for a confidential consultation, our office is located in Historic Down Visalia. PLEASE NOTE: The information on this Tulare & Kings County Attorney at Law website is for general information purposes only. Nothing on this website or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual legal case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

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