10 factors that can result in insufficiency of DUI blood samples
DUI Blood evidence is considered by many to be more reliable than a breath test. However, that is not always the case. Questions of validity may still surround any forensic evidence, and should be evaluated for admissibility in court, by the prosecutions and the defense. They should never be taken at face value without proper validation of the results.
Confirming a suspect’s Blood Alcohol Content (BAC) levels is critical in the State’s ability to prosecute a DUI. The same is true for evaluating the existence of drugs in a person’s systems that are capable of causing driver impairment to the slightest degree.
If questions exist that raise reasonable doubt as to the validity of the alcohol DUI or Drug DUI conclusions, the defendant may move to suppression of the evidence based on its’ insufficiency. If the court agrees, this will generally lead to a dismissal of charges, since incriminating blood evidence is material to prosecution.
10 Factors That Contribute to Insufficient DUI Blood Samples
There are many reasons blood evidence may be compromised. Below are just 10 examples (not all inclusive):
- Blood contamination;
- Improper amount of preservative solution, such as sodium fluoride solution to stop decaying of the blood enzymes in the sample;
- Fermentation of the blood due to neglect or improper temperature, or length of time in storage;
- Inconclusive results as to the type or quantity of a drug in Drug DUI sample;
- Inadequacy of amount of blood needed for testing;
- Incorrect labeling, of sample, or sample does not belong to defendant;
- Vacuum seal compromised;
- Police or technician that administered the test not certified in law enforcement phlebotomy;
- Failure to provide a blood sample upon request for criminal defense analysis;
- Other violations of protocol in administration, collection, transport, storage, or processing of the blood sample
Criminal Lawyer for DUI defense Gilbert, AZ
DUI laws and penalties are some of the toughest in the county. Any DUI conviction exposes a person to jail or prison terms; suspension or revocation of driver’s license; drug/alcohol screening or counseling; fines, fees, and assessment costs, probation following incarceration, and other harsh penalties.
If a DUI arrest resulted from chemical test evidence, you should always consult a DUI attorney before pleading guilty to any charges. There may be rights violations, or defenses that may be used suppress compromised evidence; and lead to a dismissal of your charges. It is important that you hire an experienced criminal defense attorney that has the special skills and knowledge to challenge forensic evidence of DUI chemical testing. When retained, the will have the chemical sample retested and evaluated by an independent lab. If the results are inconclusive, or materially inconsistent with the crime lab results, your attorney will file a motion with the court to suppress the evidence. They will protect your rights; make sure you are treated fairly; defend your charges; challenge weak evidence against you; and work to get a favorable resolution in your case.
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