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DUI » DUI Testing » Challenging DUI Evidence » Common Faults with Blood Testing

Common Faults with Blood Testing

Are blood tests used as evidence in DUI cases accurate? This is an important issue to consider if you or someone you love has been arrested for and charged with driving under the influence. If you were arrested for DUI and subsequently submitted to a blood test that showed that your blood alcohol level was .08% or greater (above the legal limit to operate a motor vehicle) you may face criminal charges for driving under the influence. The results of the blood test may be used along with the arresting officer's testimony of driving behavior, statements made by the driver, outward signs of intoxication and performance on field sobriety tests in order to prove that the driver:

  • Had a blood alcohol concentration (BAC) of 0.08 percent or greater; and / or
  • Had abilities that were impaired due to alcohol or drugs.

Fortunately, an experienced lawyer will understand how to challenge blood test evidence and all other types of evidence in a case of this kind. Though you may have taken the blood test, these tests have various faults that may be pointed out by your attorney in order to successfully challenge your charges. For example:

  • Was the test administered properly?
  • Was the sample handled properly?
  • Was the person that took the blood sample properly trained and qualified to do so?
  • Was the person that tested the blood sample properly trained and qualified?
  • Was the sample mixed with anticoagulants and preservatives?

An issue with any of these may make the validity of the blood test questionable at best. For a confidential review of your case, contact Thomas & Paulk. We have the experience and resources you need in your DUI defense law firm.

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