When people are pulled over and charged with driving under the influence (DUI) or driving while intoxicated (DWI), they rarely exercise their rights and contest the charge in courts. There are plenty of instances in which the officer is in the wrong and in which a defendant’s legal rights were not observed during the traffic stop. That’s why it’s important that you speak with a DUI lawyer if you have been charged with a drunk driving charge.
Many people believe that the blood tests that determine alcohol content are open and shut, but we’d like to look at some of the problems of blood tests in DUI cases and how we can help clients with these matters.
DUI blood testing involves the drawing of blood from the defendant so that it can be analyzed in a lab for alcohol content.
In the majority of cases, the blood that is sampled is analyzed using a gas chromatograph, which can analyze the blood sample for substances such as alcohol.
There are a number of reasons why blood tests can be flawed or problematic, and each reason will be considered by our DUI defense attorneys when fashioning a defense strategy. The three primary problems involve the collection of the blood sample, the storage of the blood sample, and equipment/technician error.
First of all, there is the matter of the collection of the blood sample. If the blood is not drawn correctly, it can result in a false positive for alcohol content. This may actually happen more often than not since all that is required to draw blood for these samples is a 40-hour training course and 40 hours of on-the-job training. Since the medical nuances of drawing blood are impossible to learn in such a brief window of time, it’s imperative that we look into the blood drawing procedure to make sure that you’re receiving a fair shake.
Similarly, the storage of a person’s blood sample can affect the final measure of alcohol content. Improper storage or delays in storage can alter the blood sample and result in false positives. We will look into the condition of the vial that contains your sample and other factors to determine if storage errors occurred.
Finally, there’s the issue of the blood testing equipment error and error by the technician who operates the machinery. There was a news story earlier in the year in which faulty blood testing equipment in Scottsdale may result in thousands of DUI cases since 2009 being thrown out. This kind of negligence needs to be taken seriously.
Our DUI defense team will look into all possible causes of error and negligence to ensure that you receive a fair shake from the law. We will also consider the circumstances of your traffic stop in conjunction with blood testing problems to make sure that your defense is as solid as it can be. We are on your side.
For more information on DUI cases and how we can help you get a fair shake from the law, be sure to contact our Tempe and Phoenix DUI defense lawyers today. The entire team here looks forward to meeting you in person and making sure that you are well-informed of all your legal rights and legal options.