If you were arrested and charged for a DUI based on blood test results, it’s critical that you understand that a negative test result does not necessarily mean you will be convicted. All types of testing are vulnerable to errors. Additionally, there are other factors that an experienced criminal defense attorney in Mesa, or an attorney where your arrest took place, can use to help you achieve a favorable outcome. These legal strategies may help lead to suppression of evidence or dismissal of charges.
Below are 10 areas related to blood test evidence that experienced DUI trial lawyers may challenge in your defense. (This list is not all inclusive):
1) The police failed to draw or preserve a second sample for your defense attorney to have retested;
2) Your DUI defense attorney had the blood sample retested by an independent lab and there was a significant discrepancy between the police crime lab results and the independent lab results;
3) The blood sample was mislabeled, and it cannot be ascertained that the blood sample is yours;
4) The blood vial was tampered with or not properly sealed during preservation or transport;
5) The blood kit and its contents exceeded the use expiration date;
6) Guidelines for collection, transport, preservation and storage of the blood sample were not in compliance;
7) The police or personnel who drew the blood was not certified in DUI blood testing phlebotomy;
8) When the police or lab personnel prepared your arm for the blood draw they did not use approved cleanings agents. (Rubbing alcohol may contaminate a blood sample);
9) Excessive preservative in the vacuum tube may result in an inaccurate reading;
10) Blood results were artificially inflated due to the fact that the lab technician tested only blood serum or plasma instead of the whole blood.
If the evidence is invalid, inaccurate or unjustified, your attorney will move to have it suppressed or to dismiss the evidence from being used against you. If the court agrees the evidence should be suppressed, then the prosecution will most likely be unable to satisfy the burden of proving beyond a reasonable doubt that you were drunk driving or impaired to the slightest degree due to alcohol or drugs. Consequently, this will probably lead to a dismissal of the charges or to a not-guilty verdict by the judge in a bench trial or jury in a jury trial.
DUI blood test results are just one area of many areas that are challenged by experienced criminal attorneys. It’s also important to remember that DUI charges are unique. Each case holds its own set of circumstances that surround it, and should be evaluated for defenses that can be tailored to your specific case.
You should always retain an experienced and qualified criminal lawyer to challenge these issues on your behalf. Your chances of a favorable outcome in your case will increase with legal representation by an effective private practice criminal defense firm or lawyer. Keep in mind that not all criminal defense attorneys are experienced in DUI cases. It is in your best interest to contact a lawyer who defends DUI charges on a regular basis.
This blog post was written by Mesa DUI Lawyer, James. E. Novak of the Arizona-based Law Office of James E. Novak. His law firm focuses on felony and misdemeanor cases for both adults and youth throughout the Maricopa County, AZ area. This includes Tempe, Mesa, Scottsdale, Gilbert, Phoenix, and surrounding areas. James E. Novak draws on his diverse education and real-world experience in representing clients, including his Masters in Business Administration and a Masters in Education/Counseling. He enjoys sharing his knowledge with the greater online community, whether through blogging or social media.