DUI defense attorneys will generally suggest staying away from blood tests
since they can present more difficulties when fighting in a court of law
than a breath test. Comparatively, there are a variety of factors that
could result in a false reading in a breath test, such as the presence
of mouth alcohol, the rising alcohol level, and even the presence of acid
reflux. In the mind of the jury, a blood test is a solid indicator of
BAC levels. So how can you disprove this type of evidence?
How can a blood test be proven wrong?
While blood tests are often considered the more concrete test, there are
results can be inaccurate or tampered with, whether intentional or not.
If you have been involved in a DUI arrest and have had a blood sample
taken, don't despair. An experienced DUI defense attorney at the Law
of Virginia L. Landry, Inc. knows how to defend you from the results of
your blood test results.
Attorneys can utilize the following defenses to help with your case:
- Getting the blood sample tested at an independent laboratory to search
- Proving contamination of the blood after it had been collected
- Showing the blood samples that have been switched or intermingled with
- Explaining how fermentation of the blood sample has caused it to produce
its own alcohol
Since blood tests may not provide an accurate reading of a suspects BAC
reading, California law has mandated protocols. Some of these rules include
obtaining the blood sample in a hospital-like environment using acceptable
medical tools, using proper storage procedures for the sample, and accounting
for anyone that may have had access to the sample. If these rules are
not followed, your lawyer can argue that the breach in protocol was a
violation of your rights and that the results of the blood test should
be inadmissible in court.
If you have been arrested for DUI and have had your blood taken for BAC
testing, remember that human error is more common than you may think.
Working with our firm can prove fundamental problems with the test results
made by human error, which may ultimately result in reduced or eliminated charges.