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21 May

CAN A BLOOD TEST IN A DUI CASE BE CHALLENGED?

Posted by David Jones on May 21, 2015

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If you were recently arrested for driving under the influence (DUI) in Fresno, Madera, Kings or Tulare County, you took a breath or blood test. Most defendants and many attorneys believe that if you take a blood test, the results are highly accurate and can not be challenged. This is wrong. This belief is not based on reality, but rather from a lack of knowledge.

Blood Draw Errors

Believe it or not, just the manner that a blood is collected can affect the integrity of a blood sample. In fact, studies have shown that such errors can lead to false test results 50% of the time.

The process of drawing blood is a sensitive procedure, and often the people performing the blood draw have limited training.

What does this mean? It means that the lack of training can lead to an erroneous test result.

Blood Storage Errors

The manner of which the blood sample is stored prior to testing is another source of error that leads to false test results. A common area for problems, delays and improper storage of blood samples, all conditions that can lead to fermentation

in the blood sample. In this case, the fermentation in the blood sample gives a false high BAC test result.

Blood Testing Errors

Generally, labs analyze blood samples using a Gas Chromatograph machine, which delivers results in a presumptive determination of alcohol, rather than a confirmatory method specific to alcohol. This method cannot discern between alcohol present in the defendant's blood, or alcohol formed during the delay, before the blood was analyzed.

It's Best to Have a DUI Defense Lawyer

If you were arrested for DUI and you took a blood test, know that the results of these tests are not foolproof. DUI defendants can fight the case against them, they are often based on false evidence.

David Jones

David E. Jones is a Central Valley area DUI and criminal defense attorney who represents those accused of DUI and other crimes in both state and federal court. Mr. Jones has practiced criminal law throughout Fresno, Madera, Kings and Tulare counties since 1996. Mr. Jones was a Deputy District Attorney for Fresno County 12 years and has been an instructor for the Police Academy for over 10 years. He is an experienced and respected trial attorney.

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