Defending DUI Charges: 10 Challenges to DUI Blood Test Evidence

DUI Arrest Based on Blood Results in Chandler AZ

If the police suspect a motorist is impaired due to drugs, or a suspect refuses to allow the police to conduct a breath test, they will get a warrant to proceed with Drug DUI blood test. If the test results are positive for drug or alcohol and the police had probable cause to believe a person was driving impaired to the slightest degree, an arrest will be made.

A positive DUI drug or alcohol blood test does not mean you will be found guilty. It means a person is may be charged, and that they will have a chance to defend those charges. The best way to do this is to retain legal counsel to represent you. They will examine the evidence to determine if the blood tests results were compromised and if so they will file a motion to suppress the evidence.  Below are 10 common areas of defense related to blood test evidence (List is not all inclusive):

1. The person or officer who administered the blood test was not certified in DUI phlebotomy;
2. When the area of the arm was cleansed in preparation for blood collection, unapproved non-alcohol cleanings agents were used (rubbing alcohol can contaminate blood samples);
3. Blood vials containing the samples were not properly labeled or sealed;
4. Police refused to give you a second sample of blood for your defense to retest;
5. Your defense attorney retested the blood through an independent lab which concluded a different alcohol BAC level;
6. Independent lab retest was inconclusive with regard to the substances found in the blood. In other words, the drug or drugs could not be affirmatively identified;
7. Blood kit used by police was not stored in a temperature controlled environment and was exposed to extreme heat in the squad car;
8. Blood Kit had an expired date for optimal use;
9. Blood results were artificially inflated because the technician tested only blood serum or plasma instead of whole blood;
10. Crime lab mixed too much salt in the sample which artificially inflated the results.