After a driving under the influence (DUI) arrest, the law enforcers may ask you to take a blood test to verify your level of intoxication. Though you have a right to refuse the test, doing so could get you into more trouble. Unfortunately, some police officers don't use the right testing procedures or equipment. As a result, this faulty equipment or procedures can produce inaccurate results that indicate that a driver was impaired. Such findings can make you face the consequences of a crime you never committed. When faced with such a situation, enlisting the help of a DUI lawyer is crucial. Look at some of the DUI test errors your attorney will help you dispute below.
Storage Problems
The person administering your tests is supposed to use the right kit and processes when drawing and storing your sample. That includes checking the expiry date on the storage container to ensure that it is still valid. In addition, they should use a special seal to protect the sample from contamination. An expired container or a faulty seal can compromise the integrity of the blood samples. In this case, your DUI lawyer will get experts to assess and determine the accuracy of the test findings. If they find out the technicians made a mistake when carrying out the tests, you have grounds to contest the test results. The judge may throw out the evidence or dismiss the case altogether.
Insufficient Amounts of Essential Chemicals
Alcohol blood tests can also give erroneous results due to insufficient amounts of essential chemicals. For instance, the person conducting the tests should add the required amount of sodium chloride to the test tube before adding your blood samples. A low or high amount of this chemical can make your samples indicate high alcohol or drug content in your blood.
Technicians should also use preservatives to prevent blood clots, which could impact the liquid-to-solid ratio. When this happens, your blood test results might indicate that your blood alcohol content is higher than it is in reality. Again, your attorney will get expert witnesses to evaluate your test results and testify against the prosecutor's evidence in court.
The issues above might affect the credibility of your DUI blood results, leading to a harsh judgment. A lawyer dealing with DUI cases can challenge test findings obtained wrongly. They will table evidence to prove there were irregularities during testing and request the judge to dismiss the evidence.
Contact a local DUI attorney for more info.
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