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Can You Fight A DUI Even With A Positive Blood Test?

DUI Blood Test VialsIf you have been charged with a DUI, and it was confirmed by a BAC blood test, can you fight your case?

Believe it or not, yes, you can. Blood tests are not infallible, even though they are generally thought to be reliable. With the help of an experienced DUI Attorney, you can fight your DUI charges.

This guide will teach you more about what you will need in order to succeed in this scenario, what steps to take next, and what to expect during your case.

Possible Defenses for Your California DUI Case

Fighting a blood case means attacking the taking of the blood because it is a warrantless search and violates the 4th Amendment, finding a defense against the methods and procedures used, or the results themselves.

If, for example, the police officer did not have reasonable suspicion for stopping you, then the evidence developed thereafter is inadmissible upon a motion to exclude it. Also, if they lacked probable cause for an arrest then the police have no right to demand a blood test.

In another scenario, when a person refuses, the officer might have requested a sample of blood but didn’t get the necessary warrant or properly serve that warrant, or the person that took the blood wasn’t qualified to draw the blood. This can be cause for dismissal of your case.

Another possible issue with the accuracy of BAC test results is the failure to properly mix the chemicals in the vial prior to drawing blood. For blood tests, the chemicals in the vials have to be properly mixed. If the arresting officer doesn’t check that everything is properly mixed prior to drawing blood, it could lead to inaccurate results. These vials also have to be properly packaged, labeled, and stored safely. Failure to comply with any of these requirements can be grounds for dismissal of the results.

Similarly, if the blood sample is not properly handled by the lab technician, it could raise issues concerning the validity of the results. Certain protocols need to be strictly followed when it comes to taking and preparing the samples.

Other common mistakes that can be grounds for dismissal of your case include, but are not limited to:

  • Samples that have been improperly tested
  • Machines not working properly or being serviced in a timely manner
  • Laboratories that are not properly accredited

Put simply, there are dozens of factors that can contribute to inaccurate test results and falsely convict you of DUI. If you feel you have been falsely arrested for a DUI, you need to seek legal assistance from an experienced DUI attorney in order to fight your case and get the representation you deserve.

What Your DUI Attorney Needs to Know

Your attorney will need to know every detail of the situation if you choose to fight blood test results. This will help him or her to advocate on your behalf and get the best outcome for your case. You will want to give your lawyer information such as:

  • Whether you consented to have your blood drawn or felt compelled to submit
  • Whether the officer had a warrant to draw your blood
  • How many times you were stuck with the needle
  • Whether there were issues when the blood was drawn
  • Whether the blood was drawn by a nurse, an officer, or a phlebotomist

This information is very important to your ability to fight your charges.

Have You Been Wrongly Charged With DUI?

If you have been charged with DUI in Los Angeles, and believe that the results are inaccurate, or know for sure that you were not intoxicated while driving, you deserve a fair trial and verdict.

An experienced Los Angeles DUI Attorney can help you to collect the evidence you need in order to fight your charges and prove your innocence.

Don’t settle for charges for something you did not do or for illegal conduct by law enforcement. Get the legal representation you need in order to keep your record clean. Contact us today to schedule a free case evaluation with Jon Artz, who has over 40+ years experience advocating for DUI defense in Los Angeles.

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