Dealing with a DUI can be an embarrassing, stressful, and difficult time. You can’t afford to miss work, lose your license or spend all your time in a courtroom. Find out how you can challenge a DUI blood test in a court of law. Use this advice and the help of a DUI attorney and get the best defense possible.
If you’re charged with driving under intoxication (DUI) and you’re worried about the result of your DUI blood test, be sure to read this article. You’ll get advice on how you can challenge the results of the test and dispute your DUI charge.
Blood tests for DUIs are hard evidence that can be used against you. However, by scrutinizing your arresting officer’s process and investigating the circumstances surrounding your arrest, you may be able to challenge the DUI blood test. If you’re successful, you can get this evidence dismissed.
How To Challenge A DUI Blood Test
A good DUI attorney will know that there are several ways you can challenge a DUI blood test in order to get the evidence dismissed. Here are three ways that you and your DUI lawyer can challenge a blood test for a DUI.
1. Challenge the Technology
The blood test for DUI is only as good as the equipment used to measure blood alcohol content. Your attorney can question the validity and accuracy of the technology used to suggest that you were under the influence.
Was the equipment used for your DUI blood test properly maintained and in full working order? Even if the blood sample was successfully drawn, malfunctions or improper operations can be the cause for dismissal.
After the blood was drawn, was it stored in a safe facility where it cannot ferment? If the sample wasn’t stored correctly, your attorney can challenge your blood test for a DUI. In order to prove intoxication from a blood test, the blood must be drawn within two hours of the arrest. If this didn’t happen, the timeline of your blood test can be challenged.
2. Challenge the Procedure
Every DUI arrest is different. The circumstances surrounding your arrest can provide you with the reasonable doubt necessary to challenge a DUI blood test.
Was the person who drew your blood legally certified to do the job? Your blood must be drawn by a nurse, doctor, phlebotomist or, rarely, a certified police officer. If not, then the test can be ruled inadmissible.
Did this professional nurse or phlebotomist sterilize the blood draw site with an alcohol-based product? That could definitely contaminate the levels of alcohol present in your blood. You and your attorney can ask this question – and you have the right to an answer. If the police or regulator can’t provide a clear reply, you may have grounds to challenge the DUI blood test.
What about the legal chain of custody of your DUI blood test? The police are responsible for documenting the path of evidence – from the person who drew the blood, to the cop who took it to the toxicologist, to the cop that filed your blood test into evidence. Were there any gaps in the chain? If the evidence was not handled to the letter of the law, you may be able to get the blood test dismissed.
3. Challenge the Testimony
If you’re going to challenge a regulator or police officer’s testimony, you need to be prepared and act carefully. You can’t make an emotional argument. A smart DUI attorney knows the best way to challenge testimony is as follows:
- Question the certification or qualifications of all parties involved. The people and process are your best places to cast doubt on your DUI blood test.
- Challenge the recollection of the arresting officer – see if his field notes match his testimony. Dive into the officer’s prior DUI arrest records and see if there was any doubt or confusion present in other DUI arrests.
- Examine the evidence against the testimony produced.
During a recent case in Summit County Court of Denver, Colorado, the validity of the DUI blood test testimony has been called into question. As reported by the Denver Post, several regulators responsible for conducting breathalyzers and DUI tests were found guilty of producing false testimony to the machine’s accuracy.
The findings of one case produced reasonable doubt for the entire state’s DUI regulatory process. If your attorney can find fault in the specifics of the testimony, the people testifying and/or the evidence they produce, your blood test could be dismissed.
Matt Leyba – Criminal Defense Attorney and DUI Lawyer
If you’re facing a DUI or other criminal charge in the greater Seattle, Washington area, call Matthew Leyba.
Matthew Leyba and Leyba Defense are available to answer your questions and give you peace of mind. We will work with you to build your legal defense. We can challenge your DUI blood test with the intention of getting your charges reduced or dismissed.
Each of our clients gets the personal attention of lead attorney Matthew Leyba. Leyba Defense PLLC is recognized as a leading DUI and a criminal law firm with an outstanding track record. We will fight for your innocence.
Don’t wait another second. Get the legal representation you deserve. Contact Matthew Leyba and Leyba Defense now.