Many people believe that if a DUI blood test returns results that are unfavorable to the DUI suspect, there is nothing that can be done to contest this evidence. Thankfully, this is untrue. There are several ways that a good DUI lawyer can challenge the results of a positive blood test because there are so many ways that a test can become compromised. If the attorney can prove that the integrity of the test was not maintained from collection of the sample to analysis to the final report, then the results cannot be used to convict the suspect of driving under the influence of alcohol.
Errors in Sample Collection
If a blood sample is not taken the correct way, it could become contaminated and skew the final results. In fact, studies have revealed that incorrect blood draws leads to a false positive result up to half of the time. Why is there so much room for error? Although the drawing of blood is a delicate medical procedure, it is most often performed by someone with limited medical training in DUI cases. Errors in collection of the sample by inexperienced or improperly trained personnel could introduce foreign contaminants that could cause inaccurate results. One common example is when suspects are swabbed with ethyl alcohol, rather than a non-alcohol based product, before a sample is taken – the very substance the test is designed to detect!
Errors in Sample Storage
Another common reason for false positives involves the way in which a blood sample is stored and maintained prior to and during testing. Improper storage can cause a blood sample to ferment inside of its container due to the presence of sugar, bacteria, and yeast – all of which are natural substances to have in the body. Furthermore, if a blood sample is not properly treated with anticoagulants and preservatives, the sample could clot or otherwise become unfit for testing. Changes in temperature or delays in storing the sample can make it even more likely for alcohol to form inside of a blood vial, leading to an inaccurate measure of exactly how much alcohol was present in the suspect’s veins at the time they were driving.
When blood samples are not properly kept and promptly analyzed, the results can lead to a wrongful conviction for DUI. With your freedom and future at stake, you should absolutely contact an experienced DUI attorney who can help you challenge the results of your blood test. Just because your test returned evidence of a BAC of .08 or more does not mean that you don’t have a legal defense! Your lawyer may be able to file a motion to have your blood retested by an independent lab or thrown out of court entirely.
If you have been accused of DUI in Orange County, the Law Offices of Virginia L. Landry can help. Do not delay in giving our firm a call as soon as possible after an arrest. We can help you with both the DMV and criminal aspects of your case! As one of the most respected DUI firms in Southern California, we know what it takes to achieve the best results possible in even the most complex cases.
Schedule a case evaluation with our firm today to get started.
